REGULAR SESSION

OCTOBER 13, 2004              7:00 P.M.

COUNCIL PRESENT: Munsen, Christensen, Koppert, Jensen. Mayor Mitchell presided.

COUNCIL ABSENT: Watters.

OTHERS PRESENT: Karolyn Kagan Marti, Rich Knudson, Steve Schwaller, Greg Drees, Jim Frost, Jeff Rose, Garnette Anderson, Susan Clark.

Motion approving the consent agenda consisting of minutes, claims, clerk's and treasurer's reports. Koppert/Munsen. Ayes; four. Nays; none.

Motion approving the liquor license renewals for Captain's Getaway and The Ritz. Jensen/Koppert. Ayes; four. Nays; none.

FRED DAVENPORT: RESOLUTION NO. 61-04 SETTING THE PUBLIC HEARING FOR NOVEMBER 10, 2004 AT 7:30 P.M. ON A REQUEST BY FRED DAVENPORT, JR., FOR AN EASEMENT FOR RE-CONSTRUCTION OF A PRE-EXISTING DECK EXTENDING 4.6 FEET INTO LAKE VIEW BOULEVARD AND HAVE HAROLD WHITE, CITY ATTORNEY REVIEW THE WORDING OF THE EASEMENT. Introduced by Munsen. Seconded by Christensen. The roll was called and the vote was: AYES: Munsen, Christensen, Koppert, Jensen. NAYS: None.

ZEPHYR DRIVE: Mayor Mitchell opened the public hearing at 7:35 P.M. regarding  Zephyr Drive improvement project. Jeff Rose from Jacobson-Westergard, Inc. informed the Council, Iowa Department of Transportation had given their approval for the Zephyr Drive project. No comments written or verbal were received. Mayor Mitchell closed the hearing at 7:38 P.M. RESOLUTION NO. 62-04 AWARDING THE CONTRACT TO THE LOWEST BIDDER ROHLIN CONSTRUCTION IN THE AMOUNT OF $44,445.00 FOR THE ZEPHYR DRIVE IMPROVEMENT PROJECT PER THE RECOMMENDATION BY JACOBSON-WESTERGARD, INC. Introduced by Munsen. Seconded by Christensen. The roll was called and the vote was: AYES: Munsen, Christensen, Koppert, Jensen. NAYS: None.

ZONING ISSUES: (Public hearing) Mayor Mitchell opened the public hearing at 7:40 P.M. No comments for or against zoning the Ritzer property as zoning district "A" were received. Mayor Mitchell closed the hearing at 7: 44 P.M. ORDINANCE NO. 04-06 AMENDING THE CODE OF ORDINANCES OF THE CITY OF ARNOLDS PARK, IOWA, BY ADDING A NEW SECTION PERTAINING TO THE NEWLY ANNEXED RITZER PROPERTY ZONED AS "A" (Agricultural/Conservation District). Introduced by Jensen. Seconded by Koppert. The roll was called and the vote was: AYES: Jensen, Koppert, Munsen, Christensen. NAYS: None. Motion to wave the second and third readings. Jensen/Christensen. Ayes; four. Nays; none.

Mayor Mitchell opened the public hearing at 7:45 P.M. regarding the definitions of visitor habitation and residential use types. No comments written or verbal were received. Mayor Mitchell closed the public hearing at 7:50 P.M. ORDINANCE NO. 04-07 AMENDING THE CODE OF ORDINANCES OF THE CITY OF ARNOLDS PARK, IOWA, BY DEFINING VISITOR HABITATION IN A RESIDENTIAL ZONE TO BE RENTED TO THE GENERAL PUBLIC FOR PERIODS NOT LESS THAN 31 DAYS (ONE CALENDAR MONTH) AND IN A COMMERCIAL ZONE MAY BE LESS THAN 31 DAYS (ONE CALENDAR MONTH). Introduced by Munsen. Seconded by Jensen The roll was called and the vote was: AYES: Munsen, Jensen, Christensen, Koppert. NAYS: None. Motion to wave the second and third readings. Munsen/Jensen. Ayes; four. Nays; none.

AMUSEMENT PARK PARKING LOT: The Council discussed the possibility of financing the cost of hard surfacing the Amusement Park's parking lot. No assessment is possible because is not a public improvement project. It could be financed by adding the cost of the project to the Amusement Park's property taxes including interest. This could be a term of two or three years. The hard surfacing project has been scheduled for this fall. Rohlin Construction is the contractor for the project. It was the consensus of the Council that they would be willing to finance the parking lot hard surfacing project if the Iowa Great Lakes Maritime Museum officially asked for the City's assistance.

FOREST PARK ROAD IMPROVEMENTS: RESOLUTION NO. 63-04 APPROVING SEPARATING THE UTILITY PORTION OF THE FOREST PARK ROAD STREET AND UTILITY IMPROVEMENT PROJECT IN ORDER TO START THE UTILITY PORTION OF THE PROJECT THIS FALL AND SETTING THE PUBLIC HEARING FOR OCTOBER 27, 2004 AT 5:30 P.M. Introduced by Christensen. Seconded by Munsen. The roll was called and the vote was: AYES: Christensen, Munsen, Koppert, Jensen. NAYS: None.

WATER LOOP : It was the consensus of the Council to move forward with the water loop from Barton Drive to Sunrise Harbor Condominiums. Jacobson-Westergard, Inc, was instructed by the Council to engineer the cost estimate.

ORDINANCE NO. 04-08 REPEALING ORDINANCE NO. 04-04 AMENDING THE CODE OF ORDINANCES OF THE CITY OF ARNOLDS PARK, IOWA, BY ADDING A NEW SECTION PERTAINING TO STOP REQUIRED 65.02 - 33. ROHR STREET . VEHICLES TRAVELING NORTH ON ROHR STREET SHALL STOP AT BASCOM STREET. Introduced by Munsen. Seconded by Koppert. The roll was called and the vote was: AYES: Munsen, Koppert, Jensen, Christensen. NAYS: None. Motion waving the second and third readings. Munsen/Koppert. Ayes; four. Nays; none.

STOP SIGN: The Council tabled the discussion of a need for a stop sign at Iowa Street and E. Broadway Street .

MRS. LADY'S: Motion approving a maintenance (mowing) agreement for the easement area near Mrs. Lady's restaurant. Jensen/Munsen. Ayes; four. Nays; none. Motion to close two driveways contingent on reviewing the final plan for hard surfacing the parking lot at Mrs. Lady's. Jensen/Christensen. Ayes; four. Nays; none.

PERSONNEL POLICY: RESOLUTION NO. 64-04 APPROVING THE PERSONNEL POLICY. Introduced by Munsen. Seconded by Christensen. The roll was called and the vote was: AYES: Munsen, Christensen, Koppert, Jensen. NAYS: None.

POLICE RESERVE OFFICERS: RESOLUTION NO. 65-04 APPROVING THE ADDITION OF PAUL MOLENDORP AND BRANDON EHRET TO THE POLICE RESERVE OFFICER'S ROSTER. Introduced by Christensen. Seconded by Koppert. The roll was called and the vote was: AYES: Christensen, Koppert, Munsen, Jensen. NAYS: None.

FIRE DEPARTMENT: RESOLUTION NO. 66-04 APPROVING THE CITY'S PORTION OF $64,059 TO RESCUE VEHICLES OF IOWA, INC. FOR THE NEW FIRE EQUIPMENT TRUCK. Introduced by Munsen. Seconded by Jensen. The roll was called and the vote was: AYES: Munsen, Jensen, Christensen, Koppert. NAYS: None.

Jensen informed the Council, Pat Graves will be awarded volunteer of the year at the Trees Forever meeting in November.

Motion to adjourn. Munsen/Koppert. Ayes; four. Nays; none. Mayor Mitchell declared the meeting adjourned at 9:02 P.M.