ARNOLDS PARK, IOWA

REGULAR SESSION

NOVEMBER 8, 2006 6:00 P.M.

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

OTHERS PRESENT: Jolene Schmidtke, Troy Dahl, Steve Schwaller, Carol Herzog, Karolyn Kagan Marti, Jim Anderson, Bob Faulkner, Greg Drees.

Motion approving consent agenda consisting of minutes, claims, Clerk's and Treasurer's reports. Jensen/Christensen. Ayes; five. Nays; none.

Motion approving liquor license renewal for Dry Dock Lounge. Watters/Koppert. Ayes; five. Nays; none.

Motion approving new liquor license for Cocktails indoor service only. Christensen/Munsen. Ayes; five. Nays; none.

Motion approving liquor license for an annual license for Lux. Jensen/Christensen. Ayes; five. Nays; none.

AQUILA, INC. Mayor Mitchell opened the public hearing at 6:15 P.M. No comments written or verbal were received regarding the Aquila franchise agreement. ORDINANCE NO. 06-06 AMENDING THE CODE OF ORDINANCES OF THE CITY OF ARNOLDS PARK, IOWA, 2004, BY AMENDING THE SECTION REGARDING THE AQUILA, INC. GAS COMPANY FRANCHISE AGREEMENT. Introduced by Jensen. Seconded by Watters. The roll was called and the vote was: AYES: Jensen, Watters, Christensen, Munsen, Koppert. NAYS: None. Motion to waive the second and third readings. Jensen/Watters. Ayes; five. Nays; none. Motion to amend the agenda to include a resolution regarding a special election for Aquila franchise agreement. Munsen/Jensen. Ayes; four. Nays; one (Koppert). RESOLUTION NO. 54-06 APPROVED THE DECISION TO SUSPEND A SPECIAL ELECTION REGARDING THE AQUILA FRANCHISE AGREEMENT. Introduced by Munsen. Seconded by Christensen. The roll was called and the vote was: AYES: Munsen, Christensen, Watters, Jensen. NAYS: One (Koppert).

DAM ROAD & HELMS DRIVE UTILITY IMPROVEMENTS: Motion approving pay estimate no. 2 for the Dam Road & Helms Drive utility improvements to A.B.C. Services in the amount of $64,735.77 per the recommendation by Jacobson-Westergard & Associates, Inc. Munsen/Koppert. Ayes; five. Nays; none.

WATER MAIN EXTENSION IMPROVEMENTS (Kruse Beach): Motion approving pay estimate no. 1 (final) for the water main extension improvements (Kruse Beach) to Syndergaard Excavating in the amount of $10,896.85 per the recommendation by Jacobson-Westergard & Associates, Inc. Christensen/Watters. Ayes; five. Nays; none.

CENTRAL WATER SYSTEM: The Council received a letter from Central Water System stating the need to ban lawn-watering. It was the consensus of the Council to move forward for a possible ordinance regarding lawn-watering regulations.

URBAN RENEWAL AREA III (Bridges Bay): Mayor Mitchell opened the public hearing at 6:31 P.M. Correspondence was received from Iowa Department of Agriculture and Land Stewardship acknowledging the Urban Renewal Area III (Bridges Bay) and stating notice should be sent to the Dickinson County Soil District, which was done immediately. The City Administrator reported there was a consultation with the affected taxing entities on October 23rd, 2006 and no one was in attendance. Mayor Mitchell closed the public hearing at 6:37 P.M. RESOLUTION NO. 55-06 DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE URBAN RENEWAL AREA III (Bridges Bay) PLAN THEREFOR. Introduced by Munsen. Seconded by Jensen. The roll was called and the vote was: AYES: Munsen, Jensen, Watters, Christensen, Koppert. NAYS: None. ORDINANCE NO. 06-07 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ARNOLDS PARK, IOWA, 2004 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE URBAN RENEWAL AREA III (Bridges Bay) PROJECT AREA, IN THE CITY OF ARNOLDS PARK, COUNTY OF DICKINSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF ARNOLDS PARK, COUNTY OF DICKINSON, OKOBOJI COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST OF LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT.

Introduced by Jensen. Seconded by Christensen. The roll was called and the vote was: AYES: Jensen, Christensen, Watters, Munsen, Koppert. NAYS: None. Motion to waive the second and third readings. Jensen/Christensen. Ayes; five. Nays; none.

DETACHED ACCESSORY BUILDINGS: Mayor Mitchell opened the public hearing at 6:46 P.M. No comments written or verbal were received. Mayor Mitchell closed the public hearing at 6:50 P.M. ORDINANCE NO. 06-08 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ARNOLDS PARK, IOWA, 2004, BY AMENDING THE ZONING ORDINANCE REGARDING DETACHED ACCESSORY BUILDINGS. Introduced by Munsen. Seconded by Watters. The roll was called and the vote was: AYES: Munsen, Watters, Koppert, Christensen, Jensen. NAYS: None.

PUBLIC CONSUMPTION: ORDINANCE NO. 06-09 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ARNOLDS PARK, IOWA, 2004, BY AMENDING PUBLIC CONSUMPTION OR INTOXICATION. Introduced by Watters. Seconded by Koppert. The roll was called and the vote was: AYES: Watters, Koppert, Munsen, Christensen, Jensen. NAYS: None. Motion to waive the second and third readings. Watters/Koppert. Ayes; five. Nays; none.

LIGHT OF THE LAKES CHURCH PROPERTY: Update, City Attorney is in the process of drafting a purchase agreement.

ICAP: Motion approving the insurance renewal with ICAP. Munsen/Watters. Ayes; five. Nays; none.

COLOR COPIER: Motion approving the purchase of a color copier Sharp MX - 2300N from the lowest bidder Iowa Office Supply in the amount of $3,995. Watters/Koppert. Ayes; five. Nays; none.

POSTAGE MACHINE: Motion approving the leasing of DM100 Postage Mailing System from Pitney Bowes for $47.00 a month on a 60-month lease agreement. Jensen/Munsen. Ayes; five. Nays; none.

Motion to adjourn. Munsen/Christensen. Ayes; five. Nays; none. Mayor Mitchell declared the meeting adjourned at 7:30 P.M.