The regular meeting of the Lowden City Council was called to order by Mayor Barry  Hoffmeier.

Pledge of Allegiance was recited

Council members present on roll call:  Conrad, McCreight, Olsen, Behrens, Helmold. Visitors:  Pat Kroemer, Rob Hunter, Steve Noack, Travis Squires, Kirk Steinke, Derrick Lange, Jeff Kaufmann, Jenny Brockmeyer, Lois Brockmeyer, Bill Clark.

M/S Conrad, McCreight to approve the consent agenda: 9/4/2012 minutes amending the section about Bob Kroemer’s culvert to read 24 inches not 24 feet, 9/10/12 minutes, bills, and financial report.   Ayes:  All.

Jeff Kaufmann gave a final report as a State Legislator.

M/S McCreight, Behrens to close the meeting and open the Public Hearing on the addition to the Lowden Urban Renewal Area Designation to include an area of McKinley Avenue and 1st Street.  Ayes:  All.

No written or oral comments were made.

M/S McCreight, Helmold to close the Public Hearing and open the meeting.  Ayes: All.

M/S McCreight, Olsen to adopt Resolution #12-13 to declare necessity and establish an Urban Renewal Area pursuant to Section 403.4 of the Code of  Iowa and approve the Urban Renewal Plan Amendment for the 2012 Addition to the Lowden Urban Renewal Area.  Ayes:  All.

M/S Helmold, Conrad to close the meeting and open the Public Hearing approving a loan agreement and provide for the sale and issuance of $550,000 General Obligation Corporate Purpose Bonds, Series 2012, and provide for the levy of taxes to pay the same. Ayes:  All.

No written or oral comments were made.

M/S McCreight, Olsen to adopt Resolution #12-12 approving a loan agreement and providing for the sale and issuance of $550,000 General Obligation Corporate Purpose Bonds, Series 2012, and provide for the levy of taxes to pay the same.   Ayes:  All.

M/S Helmold, Behrens to approve a financial services agreement with Piper Jaffray & Co. for $5500, plus expenses not to exceed $1500 for the sewer project bonding.  Ayes:  All.

Jenny Brockmeyer was present to ask reimbursement for legal expenses, survey costs, and lost work time in their ligitation with a neighbor over a property line dispute.   She said it started when Gene Hamdorf, former City maintenance man, was requested by their neighbor to locate his property lines so he could plant trees.   Hamdorf inadvertently marked the property line incorrectly.   Brockmeyer’s told the neighbor and Gene Hamdorf  where the correct lines were.  But, the neighbor still proceeded to plant trees on Brockmeyer’s property.  Each homeowner eventually had a survey done which verified where Brockmeyer’s said the property line was. However, the neighbor would not move the trees and Brockmeyer’s went to court to settle the dispute.   Brockmeyer presented a bill for $3184.70 in legal fees, $680 survey, and $400 lost work time.    Mayor Hoffmeier told the City Council he had spoken to City Attorney Bill Sueppel.  Sueppel advised that Gene Hamdorf was acting in good faith and did not intentionally mark the property linesincorrectly and said it is not the City’s responsibility to pay Brockmeyer’s for their legal fees or other bills relating to the dispute.  

Councilman McCreight said the City should pay Brockmeyer’s.  Councilman Conrad said the City has no obligation to pay them. 

After further discussion, motioned by Conrad to not pay the bills presented by Jenny Brockmeyer.   Motion failed for lack of a second.

Motioned by McCreight to pay Brockmeyer’s $3584.70, their expenses minus the survey costs.  Motion failed for lack of a second.

M/S Behrens, McCreight to pay the attorney fees only, $3184.70, to Don and Jenny Brockmeyer, for reimbursement of their property line dispute expenses.  Ayes:  McCreight, Olsen, Behrens, Helmold.  Nays:  Conrad.

M/S Helmold, Olsen to waive the second reading and hold the third reading of Ordinance #800 increasing water and sewer rates.   Ayes:  All.

M/S McCreight, Helmold to adopt Ordinance #800 increasing water and sewer rates effective 11-1-2012.   Ayes:  All.   Meters will be read monthly beginning October 2012 and will be due within 15 days of billing date.

Council discussed the McKinley Avenue sewer line project and private sewer service lines to houses.  While the City is replacing the sewer main on McKinley, the contractor will be able to identify if a homeowner has an existing inferior service line.  The service line could be orange berg and would be a source of much infiltration.  

M/S McCreight, Olsen to establish a policy whereby if a sewer service lateral line to a house is in poor condition, the City will require the homeowner to replace the line at their own expense.  Ayes:  All.    The contractor, BWC, working on the McKinley Avenue sewer line project, could give the homeowner a price for replacing the sewer service line, or the homeowner could hire a contractor to do the work.

Sewer backup damage costs at 702 McKinley Avenue, estimated to be $877, will be sent to the City’s insurance company for consideration.

City will take bids for snow removal for the 2012-13 winter season.  Bids are to be returned to City Hall by November 5, 2012, 12:00 PM.

City Council set Trick or Treat hours in Lowden for Wednesday, October 31,
5:00-7:00 PM.

Rob Hunter submitted his resignation as a Park Board member.

M/S Olsen, Behrens to pay Bill Clark $200 this year for use of his property for the City’s disposal of concrete and snow.    Ayes:  All.

M/S Conrad, Olsen to approve a liquor license for Schneid’s LLC, pending submission of dram shop liability insurance.  Ayes:  All. 

M/S Olsen, Helmold to approve a building permit for Rodney Lange-garage, pending a variance is granted by the Zoning Board of Adjustment since the garage is too close to the house.  Ayes:  All. 

Council told Kirk to have wastewater pump #2 rebuilt at Mississippi Valley Pump at at cost of $1885. 

City will have the 5th St. Place ditch area by the culvert dug out since the dirt/silt is above the bottom of the culvert. 

Street Committee, Galen Conrad or Dean Behrens, will speak to the County Engineer and ask if there is any funding available to repair Farm to Market Roads within City limits.

Mayor Hoffmeier told the Council he reviewed the current golf cart ordinance and did some other research.  He stated the ordinance will remain as it is with no amendments.

M/S McCreight, Behrens to adjourn at 9:05 PM.  Ayes:  All.

Next regular meeting will be November 5, 2012, 5:30 PM.

Barry Hoffmeier, Mayor
Peggy Kedley, City Clerk

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