LE MARS CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 29, 2010, 12:00 P.M. AGENDA

NOTE: AGENDA ORDER SUBJECT TO CHANGE LE MARS CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 29, 2010, 12:00 P.M. AGENDA A. CALL TO ORDER MAYOR ROLL CALL CITY CLERK COUNCILMEMBERS: NELSON, KNAPP REXWINKEL, LEONARD, IHRKE B. GENERAL DISCUSSION 1 Citizens 2. Thumbs Up Award 3. Siouxland Blood Bank / Life Serve (Mary Kovarna) 4. Library Space Needs Assessment Report C. 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 June 15, 2010 Regular Meeting Minutes 2. List of Bills for Period Ending 6/25/10 3. Renewal of Liquor License/Outdoor Service Area (American Legion) 4. 4 Brothers Bar & Grill Request for Outdoor Service Area 5. Interfund Transfer Resolution 6. Contract for Transportation Services with SRTS D. ACTION ITEMS 1. Handicap Parking Spaces 2. 14 th Avenue SE Sidewalk Construction 3. Wells Dairy Inc. Request To Use Central Avenue 4. Main Street Façade Improvement Program 5. Le Mars Convention Center 6. Storm Water Drainage Rate Change E. DISCUSSION 1. Council/Mayor 2. City Administrator/Public Works Director 3. Assistant City Administrator F. CLOSED SESSION 1. Pending/Imminent Litigation 2. City Attorney - Performance Review 3. Assistant City Administrator Performance Review 4. City Administrator Performance Review G. ADJOURNMENT Next Resolution No. 10-29 Next Ordinance No. 888

Le Mars City Council Meeting Tuesday, June 15, 2010, 12:00 P.M. Minutes Mayor Kirchoff presided. Present: Ihrke, Nelson, Leonard, Knapp, Rexwinkel. Absent: None. Rexwinkel moved, Nelson seconded that the following items be approved under the Consent Agenda. On Roll Call: Ayes: All present. Nays: None. - Regular meeting minutes of June 1, 2010. - List of bills for period ending 06/11/10. - Monthly Financial Statement for May 2010. - Renewal of Class C Liquor License and Outdoor Service Area to Louie s Place and Class C Liquor License to Archie s Waeside, Fraternal Order of Eagles and Mr. P s. - Resolution No. 10-24 granting cigarette permits for the period July 1, 2010 to June 30, 2011 be adopted. - Appoint Frank Summerside to the Convention and Visitors Bureau Board for a four year term. - Street closing as requested by the Pizza Ranch. - Street closing as requested for the All-School Reunion 2010. - City of Le Mars Health and Flex Benefit plan administration be awarded to Avera for FY 11 and the reinsurance plan to be awarded to Northwind for FY 11 at the proposed amounts. - Wells Dairy, Inc. to place one sign in public right-of-way. - Jensen Motors to place two signs in public right-of-way. - FAA Grant Agreement for $9,172, Part 1 Offer, Project No. 3-19-0127-09-2010, for Acquiring Land for Approaches and the Mayor and City Clerk be authorized to execute the same. Nelson moved, Ihrke seconded Resolution No. 10-25 awarding the contract for the 2010 Sanitary Sewer Project Key Avenue to First Rate Excavating, Inc. of Sioux Falls, SD in the amount of $135,020.00 be adopted. On Roll Call: Ayes: Knapp, Leonard, Rexwinkel, Nelson, Ihrke. Nays: None. Rexwinkel moved, Ihrke seconded Resolution No. 10-26 awarding the contract for the 2010 Water Main Extension Project C38 to Vander Pol Excavating, LLC of Orange City, IA in the amount of $126,135.00 be adopted. On Roll Call: Ayes: Leonard, Nelson, Knapp, Rexwinkel, Ihrke. Nays: None. Knapp moved, Nelson second to proceed with Engineering Proposal with DGR and Associates Co. for the 12 th Street Reconstruction Project to develop a design and cost estimate for Council consideration. On Roll Call: Ayes: Rexwinkel, Leonard, Knapp, Nelson. Nays: Ihrke. Ihrke moved, Rexwinkel seconded Resolution No. 10-27 authorizing stop signs Blue Diamond Drive be adopted. On Roll Call: Ayes: Nelson, Knapp, Leonard, Ihrke, Rexwinkel. Nays: None. Ihrke moved, Nelson seconded Resolution No. 10-28 authorizing street lights at Blue Diamond Drive intersections be adopted. On Roll Call: Ayes: Knapp, Leonard, Ihrke, Nelson. Nays: None. Abstain: Rexwinkel. Leonard moved, Rexwinkel seconded the LBIC be authorized to accept the Offer to Purchase on the acreage parcel of Crescent Ridge as recommended by the Joint Urban Renewal Board. On Roll Call: Ayes: All present. Nays: None. Nelson moved, Leonard seconded staff be authorized to request proposals for updating the City s 2005 Comprehensive Plan. On Roll Call: Ayes: All present. Nays: None.

Rexwinkel moved, Nelson seconded the first reading of Ordinance No. 887 Amending Chapter 101.03 Storm Water Drainage System Rates to a two-tier rate structure be approved and that a reduction in residential solid waste fees be implemented with the storm water fee increase. On Roll Call: Ayes: Ihrke, Leonard, Rexwinkel, Nelson. Nays: None. Knapp moved, Nelson seconded the non-bargaining salary pay ranges be approved with a 3% increase on the top range rates only and that a 3% pool of funds be approved for FY 11 nonbargaining merit increases. On Roll Call: Ayes: Knapp, Nelson, Leonard. Nays: Ihrke, Rexwinkel. Ihrke moved, Rexwinkel seconded to enter Closed Session under Iowa Code 21.5c concerning a matter that is presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. On Roll Call: Ayes: Nelson, Leonard, Knapp, Ihrke, Rexwinkel. Nays: None. Ihrke moved, Rexwinkel seconded to move out of Closed Session. On Roll Call: Ayes: All present. Nays: None. Ihrke moved, Rexwinkel seconded the meeting be adjourned at 2:15 P.M. Beverly Langel, City Clerk Dick Kirchoff, Mayor

Consent REQUEST FOR COUNCIL ACTION List of Bills for Period Ending 6/25/10 Date: C-2 Attached is the list of bills for the period ending 6/25/10. Approval of bills for the period ending 6/25/10.

Consent REQUEST FOR COUNCIL ACTION Date: Renewal of Liquor License/Outdoor Service Area (American Legion) C-3 Application has been received from American Legion for renewal of their Class C Liquor License and Outdoor Service Area at 110 Plymouth Street SW and Class C Liquor License at the Le Mars Convention Center. Papers are in order. Approved by Police Department. Motion (approving) (denying) 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

Consent REQUEST FOR COUNCIL ACTION Date: 4 Brothers Bar & Grill Request for Outdoor Service Area C-4 Application has been received from 4 Brothers Bar & Grill for an Outdoor Service Area adjacent to their location for July 2, 2010 during the All School Reunion and on July 11, 2010 for a private party. Approved by Police Department. Motion (approving) (denying) issuance of Outdoor Service Area to 4 Brothers Bar & Grill.

Consent REQUEST FOR COUNCIL ACTION Date: Interfund Transfer Resolution C-5 Information: A resolution making certain interfund transfers from one fund to another is needed for the 2009-2010 budget year and will be available at the meeting. Staff Recommendation: Staff recommends Council approval. Financial Impact: These transfers will account for the expenditures properly and within the appropriate fund. Motion adopting Resolution No. making certain interfund transfers for the 2009-2010 fiscal year.

Consent REQUEST FOR COUNCIL ACTION Date: Contract for Transportation Services with SRTS C-6 Information: SRTS (Siouxland Regional Transit System) is requesting to extend the current Contract for Transportation Services (i.e., Taxi Service) for an additional twelve months from July 1, 2010 to June 30, 2011 at the cost of $659.00/month for five (5) days per week ($7,908/Yr.). (Was $660/mo./ $7,920/Yr.). Under this contract passenger fairs will be $3.50 per trip for curb to curb and $6.00 per trip for door to door service (was$3.00 and $5.00 respectively). Staff Recommendation: The Senior Citizen Committee and Administration are recommending that the SRTS contract be approved as presented for FY 11. Financial Impact: The SRTS Bus Service is a budgeted item. No additional financial impact. Motion approving the Contract for Transportation Services with SRTS for the period July 1, 2010 to June 30, 2011 at a cost of $7,908.00.

Action REQUEST FOR COUNCIL ACTION Date: Handicap Parking Spaces D-1 Information: Rejoice Community Church, 1320 3 rd Avenue S.E., is requesting three new handicap parking stalls on 3 rd Avenue S.E. by the front entrance of their building. Their letter is attached. Staff Recommendation: Staff has had discussion with the church and neighbors. Attached is possible locations for handicap stalls. More information will be available at the meeting. Motion adopting Resolution No. designating additional handicap parking spaces on 3 rd Avenue S.E..

Action REQUEST FOR COUNCIL ACTION Date: 14 th Avenue SE Sidewalk Construction D-2 Information: City Code of Ordinances, Chapter 136.06 entitled SIDEWALK CONSTRUCTION ORDERED states the Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa. (see attached) City Code Department has worked for over three (3) years to obtain sidewalk compliance along the west side of 14 th Avenue SE. Last month the City installed sidewalks within Adler Park along both Plymouth Street and 14 th Avenue SE. Staff Recommendation: Staff recommends Council authorize the Special Assessment provisions of Iowa Code Chapter 384 in order to obtain compliance with sidewalk requirements along 14 th Avenue SE. Motion to authorize the Special Assessment provisions of Iowa Code Chapter 384 in order to obtain compliance with sidewalk requirements along 14 th Avenue SE.

Action REQUEST FOR COUNCIL ACTION Wells Dairy Inc. Request To Use Central Avenue Date: D-3 Information: Attached is a site plan and request letter showing the location and impact to Central Avenue which is in front of the future Visitor Center. Staff Recommendation: Staff recommends Council approval. Financial Impact: All costs will be paid by Wells Dairy. Motion (approving I denying) Wells Dairy s request to place sundae in Central Avenue right-of-way and to modify the west parking accordingly.

Action REQUEST FOR COUNCIL ACTION Main Street Façade Improvement Program Date: D-4 Information: At its May 4, 2010 meeting, the Le Mars City Council approved funding the Main Street Façade Program in the amount of $25,000 for FY 11. The Council at the same time requested that the Main Street Manager return to the Council in the near future with revised guidelines relating to the Façade Program, including a possible payback option. Provided separately is an informational application packet and program guidelines established by the Le Mars Chamber of Commerce Main Street. Mary Reynolds, Main Street Manager, will be at the Council meeting to answer questions concerning their proposed program. Recommendation: The Le Mars Chamber of Commerce Main Street is requesting approval of their FY 11 Façade Program as presented. Financial Impact: Council has already approved the $25,000 funding for the FY 11 Façade Program. No new funds are being requested. Motion (approving I denying) the FY 11 Main Street Façade Program as proposed (or as amended).

Action REQUEST FOR COUNCIL ACTION Le Mars Convention Center Date: D-5 Information: Attached is a summary of four (4) alternatives to the existing project dealing with Heating (and/or Cooling) System at the Le Mars Convention Center, as follows: Existing Project (Boiler & Associated Components) $67,000 ALT. 1A - Existing Project plus $130,804 - Upgrade all pneumatic controls to electronic - Upgrade all operators to electric operators including four (4) air handlers ALT. 1B - Existing Project plus $212,209 - Replace three (3) air handlers with four (4) new, different air handlers ALT. 2 - Not do Existing Project $188,023 - Convert all to force air heat, but retain chilled water system ALT. 3 - Replace entire hydronic system (water) with all new $298,103 forced air heating and cooling systems Staff Recommendation: Staff will be available to discuss the alternatives. As desired.

Action REQUEST FOR COUNCIL ACTION Date: Storm Water Drainage Rate Change D-6 Information: At its June 15, 2010, the Council approved the first reading of an Ordinance amending the existing Storm Water Drainage Ordinance to reflect the two tier rate structure listed below and their intent to lower the rate of residential trash pick-up by a corresponding equal amount. The Committee is recommending that the current Ordinance be changed to allow for a two (2) rate system for storm water drainage fees. Currently each user is assessed a charge of $2 per month per water meter. The committee is recommending that the rate residential users pay be increased from $2 per month per meter to a new rate of $4 per month per water meter. All nonresidential users would have their rate be increased from $2 per meter per month to a new rate of $7 per month per meter. In an effort to help offset the increase for the residential user the Committee is recommending that if the storm water drainage fee increase be approved the rate charged to residential customers for there trash pick-up be lowered by an equal amount. Staff, Storm Water Committee and Solid Waste Committee Recommendation: Recommendation of the above groups is to amend the existing Storm Water Drainage Ordinance to reflect the two tier rate structure listed above and if that is done then to lower the rate of residential trash pick-up by the corresponding equal amount. Financial Impact: This action, if approved, will generate an additional $110,000 per year to help fund previous and ongoing storm water drainage system improvements. If approved as proposed it will reduce revenue to the solid waste fund by approximately $80,000 per year. Motion approving the second reading of Ordinance No. 887 Amending Chapter 101.03 Storm Water Drainage System Rates. Motion to waive the third reading of Ordinance No. 887 Amending Chapter 101.03 Storm Water Drainage System Rates. Motion to adopt Ordinance No. 887_ Amending Chapter 101.03 Storm Water Drainage System Rates on its second reading. Motion approving Resolution No. Amending Chapter 101.03 Storm Water Drainage System Rates and Solid Waste Fees.

REQUEST FOR COUNCIL ACTION Closed Session - Pending/Imminent Litigation Date: F-1 It is recommended that the Council enter Closed Session to discuss Pending/Imminent Litigation. Motion to enter Closed Session under Iowa Code 21.5c concerning a matter that is presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Motion to move out of Closed Session.

Closed Session REQUEST FOR COUNCIL ACTION Performance Review - City Attorney Date: F-2 It is recommended that the Council enter Closed Session to discuss the City Attorney s performance and the City Attorney has requested the Closed Session. The current retainer is $7,000/month and $180/hour for extra hours. Motion to enter closed session per Iowa Code Section 21.5i to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual s reputation and that individual requests a closed session. Motion to move out of closed session. Potential Action After Closed Session Motion (approving) (denying) City Attorney s retainer of $ plus $ /Hour for extra hours for FY 11.

Closed Session REQUEST FOR ACTION Assistant City Administrator Performance Review Date: June 23, 2009 F-3 It is recommended that the Council enter Closed Session to discuss the Assistant City Administrator s performance and the Assistant City Administrator has requested the Closed Session. Motion to enter closed session per Iowa Code Section 21.5i to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual s reputation and that individual requests a closed session. Motion to move out of Closed Session. Potential Action After Closed Session: Motion (approving) (denying) Assistant City Administrator s salary level of $ plus mileage for City business at the approved City (IRS) rate for FY 10.

Closed Session REQUEST FOR ACTION City Administrator - Performance Review Date: June 23, 2009 F-4 It is recommended that the Council enter Closed Session to discuss the City Administrator s performance and the City Administrator has requested the Closed Session. Motion to enter closed session per Iowa Code Section 21.5i to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual s reputation and that individual requests a closed session. Motion to move out of Closed Session. Potential Action After Closed Session: Motion (approving) (denying) City Administrator s salary level of $ plus mileage for City business at the approved City (IRS) rate for FY 10.