July 1, 2013

The semi-monthly meeting of the City Council of Walcott, Iowa, was held on Monday, the 1^st day of July, 2013, at Walcott City Hall. Mayor John Kostichek called the meeting to order at 6:00 p.m. Council members present were: Tim Koehler, Lisa Mengler, Jackie Puck and Jacob Puck. Absent: None. City employees present: John Brockmann, Joe Hahn, Lisa Rickertsen, and Tom Schirman.

Mengler moved and Jacob Puck seconded to approve the agenda. Motion carried. Rickertsen stated the property at 1113 N. Main Street will be listed on the July 15^thagenda.

Consent Agenda. Koehler moved and Mengler seconded to approve the consent agenda including the invoices, minutes from June 17, 2013, Class A liquor license renewal for Walcott Legion Post #548, and Class C beer permit renewal for Pilot Travel Center #268. Motion carried.

Audience. Virgil Wayne Latimer, Cloe McKinley, Larry Koberg, and Josh Geigle.

Council Vacancy – Appointment. Both Virgil Wayne Latimer and Cloe McKinley both requested to be appointed to fill the council vacancy. Jackie Puck moved and Koehler seconded to appoint Virgil Wayne Latimer as council member until the next regular election on November 5, 2013. Motion carried. Mayor Kostichek administered the oath of office to Latimer. McKinley was thanked for her interest and encouraged to run for election this fall if still interested.

MidAmerican Energy : Franchise Renewal. The memo from Attorney Schirman, regarding the proposed franchise renewal ordinance, was discussed. Council consensus was to keep the franchise fee language in the ordinance but the fee will be set as 0%. Attorney Schirman will work with Larry Koberg and/or other MidAmerican Energy representatives on suggested changes to the proposed ordinance. Koehler moved and Jacob Puck seconded to set the public hearing date, regarding the twenty-five year franchise renewal of natural gas, for July 15^th at 6:00 p.m. Motion carried.

Walcott Day.

• Fireworks Permit. The insurance agent and attorney both approved the insurance certificate and documents as provided. Puck moved and Latimer seconded to approve the fireworks display application and supporting documents for the Walcott Day Fireworks on July 20^th. Motion carried.
• Donation. Mengler moved and Jacob Puck seconded to approve the annual fireworks donation to Walcott Day Committee for $1,000. Motion carried.

Iowa Trucking Company : Gramma's Kitchen 5-Day Class B Outdoor License. Rickertsen reported this outdoor service is during the Trucker's Jamboree and a sketch of the outdoor service area has been approved by the Police Chief. Mengler moved and Jacob Puck seconded to approve Gramma's Kitchen outdoor service area license as presented. Motion carried.

Ordinance 464-13, Ordinance Amending Provisions Pertaining to Water Rates. Rickertsen stated this ordinance change will set the minimum usage at 1,400 gallons, which is consistent with the minimum usage for sewer. Jackie Puck introduced and moved to approve the first reading of Ordinance 464-13. Seconded by Koehler. Roll call ayes: Jackie Puck, Koehler, Latimer, Mengler, and Jacob Puck. Motion carried.

Fire Department Report. Assistant Chief Geigle reported on the vehicle design/purchase status and updated council on the temporary EMT/FF positions. Koehler questioned grant opportunities for a vehicle. Following discussion, the Fire Department was instructed to research possible grants. Chief Hahn reported on recent issues with the neighbor's dogs running at large on City Hall/Fire Station property. Discussion was regarding the city ordinance that requires dogs to be restrained on a leash when off the premises of the owner. Council consensus was to request the Police Department enforce the leash laws more vigorously.

Public Works Department Report. Brockmann reported on recent department activities including new sidewalks, handicap mats, and handicap accessible curb corners. He also presented a letter in response to a complaint regarding street condition of South Downey Street. Discussion was also held on the issues at the compost area.

City Clerk's Department Report. Rickertsen reported on the following:

• Zoning Board of Adjustment meeting on July 10^th regarding fence variance request
• Meeting with sales representative on splash pads and skate parks
• June Building Department report
• Reminded and distributed information to council on requirements of Iowa's open meetings law, which includes electronic communication
• Distributed Iowa League of Cities Conference information
• Purchase of cellular phone for Mayor
• Closure of CAT grant for Prairie View Park and Heritage Trail

Attorney Report. Schirman reported on the recent administrative search warrant served on a property on E. James Street.

Questions/Concerns. Jill Hernandez, tenant at 116 W. Lincoln Street, arrived and complained that fire department members are placing food scraps, near the creek area, that are attracting her four large dogs onto city property. She stated she had complained to Chief Hahn in the past regarding this issue. She requested the City pay for ¬Ω the cost of a fence to be installed on the east property line of City Hall/Fire Department to keep her dogs from coming onto city property. Jackie Puck stated it is not the City's responsibility to install a fence to keep Ms. Hernadez's dogs off city property. The food disposal issue has been addressed with members/employees and should no longer be an issue, however it is always the dog owner's responsibility to keep their dogs on the owner's premises or leashed when off premises. Further discussion was held on the issues involved with Ms. Hernandez fencing her landlord's property. Hernandez was referred to the Zoning Administrator if she wants to pursue fencing for her dogs at 116 W. Lincoln Street.

Jacob Puck moved and Jackie Puck seconded to adjourn at 7:20 p.m. Motion carried. All votes on motions were unanimous, unless noted.