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:  McCreight, Olsen, Behrens, Helmold.

Visitors:  Wes Fox, Pat Kroemer, Kirk Steinke, Ruben Gonzalez, Steve Noack, Wes Griesbach, Kelli Hamilton, Ryan Hamilton.

M/S McCreight, Olsen to seat Council member Conrad at 5:35 PM.  Ayes:  McCreight, Olsen, Behrens, Helmold.  

M/S McCreight, Helmold to approve the consent agenda: 10/1/12 minutes, bills including the BWC Excavating bill for $141,013.65, for the construction payment on the sewer line project, two change orders from BWC Excavating of $2600.00 and $1036.67, and the financial reports.   Ayes:  All.

Ruben Gonzalez was present to ask for the City to be second lienholder on his housing rehabilitation forgivable loan agreement while he refinances his house.   His forgivable loan agreement with the City expires in July 2013. M/S Conrad, Olsen to approve the new forgivable mortgage agreement for Ruben Gonzalez which makes the City second lienholder on the loan.  Ayes:  All.

Wes Fox presented a subdivision plat for his property at 2324 Hwy. 30 whereby he is subdividing the property into 2 lots.   He would like to have the west lot rezoned from Industrial 1 to Residential 1 since the existing building there is used for living quarters. M/S Olsen, Helmold to approve the subdivision plat for Wes Fox, 2324 Hwy. 30, and forward the rezoning request to the Lowden Zoning Board for consideration.   Ayes:  All.

Council discussed several joint sewer service lines discovered leading to houses along McKinley Avenue.  Four places have adjoining lines for 2 houses/buildings.   According to the City’s ordinance, there is to be an individual sewer service line to each residence. During construction of the new sewer line, the existing private service line was reconnected and an additional service line was installed to the curb.   One property owner will be able to utilize the existing line and the other one will need to install a new service line.
M/S McCreight, Conrad establish a policy whereby the costs of disconnecting the one existing sewer service line from the shared line and installing a new line, will be shared equally between the property owners.  Ayes:  All.  The property owners will have until April 1, 2013, to have the work completed.  Otherwise, the City will contract the work and have the cost added to the property taxes of the residence.  The property owners will be sent a letter providing them with this information.

M/S McCreight, Conrad to table the AMVETS/308 McKinley Ave. connecting sewer service line issue until the City speaks to the owners and decides where the sewer lines should be laid.  Ayes:  All.
Ryan Hamilton was present to ask for reimbursement of legal expenses for the property line dispute with his neighbors, Don and Jenny Brockmeyer.   He said Gene Hamdorf, the Public Works Director at the time, marked his south property line incorrectly.  This caused Ryan to plant trees on the neighbor’s property, although the neighbor contended that Hamdorf’s location was incorrect.  Councilman Conrad asked
Ryan if he was aware there was a dispute about the correct location of the property line before he planted the trees.  Ryan replied he would not call it a dispute, but he knew there was some confusion about the property line. 
According to court documents, each property owner eventually had their properties surveyed.  Although the surveys showed the trees had been planted on the Brockmeyer’s property, Ryan did not remove the trees.   
Ryan asked the City Council for reimbursement of his legal fees, since the City Council at their October meeting agreed to reimburse Brockmeyer’s for their legal fees.
Council further reviewed and discussed information provided in court documents.
M/S McCreight, Conrad to not reimburse Ryan Hamilton for any legal fees relating to the property line dispute with his neighbors.  Ayes:  All.
Kelli Hamilton told the City Council they are considering having ducks/geese on their property on 4th Street and want to erect a temporary fence by their garden and shed.  After discussion, Council tabled the issue and told her she would need a fence permit for a fence and also would need special permission to allow ducks/geese.
M/S Conrad, Olsen to approve the only bid received from JJJ Enterprises for snow removal: $100/hr. for backhoe and/or endloader, 1st dumptruck $65/hr., and 2nd dumptruck $60/hr.   Ayes:  All.
Steve Noack, MMS Engineers, updated the Council on the sewer line work.  The infiltration flows have improved already.   He recommends for the City Council to set goals in the next several months for proposed sewer plant improvements and to consider CDBG funding, SRF loans, etc. for the project.  
M/C McCreight, Conrad to approve a building permit for Allen Helmold, storage shed/garage at 105 4th St./310 Grant Ave., pending board of adjustment approval since the building will be 5 ft. from the rear property line.  Ayes:  Conrad, McCreight, Olsen, Behrens.  Abstain:  Helmold.
Kirk Steinke reported the two maintenance men will take the Veteran’s Day Holiday off on Nov. 23 rather than Nov. 12. 
Council member Conrad reported he is checking with the County Engineer about funding for resurfacing Old Highway 30.
Conrad questioned Kirk Steinke, a member of the Lowden Fire Dept., about missing equipment at the Fire Station.  Kirk told the Council the Dept. is handling the situation internally
Council set Tuesday, January 8, 2013, 5:30 PM, for the FY2014 budget meeting.
M/S McCreight, Behrens to adjourn at 7:16 PM.   Ayes:  All.
Next regular meeting is 12/3/12, 5:30 PM.

Barry Hoffmeier, Mayor
Peggy Kedley, City Clerk

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