Special Called City Council Meeting

SECOND REGULAR CALLED CITY COUNCIL MEETING Monday, March 17, 2008 – 5:00 P.M. Council Chambers – Denison, Iowa

The second regular called City Council meeting of the City of Denison, was held pursuant to law on the above date and hour. Mayor Mahrt called the meeting to order with the following members present: BLUM, CHAPMAN, HOUGH, MADSEN, SKOOG

MOTION TO APPROVE Motion by Skoog/Hough to approve the following agenda. Motion AGENDA carried unanimously.

PUBLIC HEARING ON 5:00 P.M. PUBLIC HEARING ON TOBACCO VIOLATION NO FRILLS TOBACCO FOR NO FRILLS SUPERMARKET. Doyle Hulse of No Frills VIOLATION was present and requested an affirmative defense. This can be done once only in a 4-year period. Motion by Blum/Skoog to authorize to sign the affirmative defense for No Frills. Motion carried unanimously.

MOTION TO ACCEPT Motion by Skoog/Blum to accept acknowledgement/settlement PRONTO TOBACCO agreement, 1st violation by Pronto on the sale of tobacco products VIOLATION to a person under the age of eighteen. Motion carried SETTLEMENT unanimously.

MOTION TO APPROVE Motion by Madsen/Hough to approve the following items on the CONSENT AGENDA consent agenda: (a) approve the budget & cash activities report for February, 2008 (b) approve the bills as presented (c) approve the liquor permit for Smoke Shop (d) approve the mayor’s reappointment of John Jacobsen and appointment of Scott Larson to the Boulders Conference Center board for a 4-year term to expire 2012 (e) accept the FY 06-07 audit report for the City (f) approve the tax abatement request for Casey’s (g) RESOLUTION #2008-21 WAS INTRODUCED APPROVING CONTRACT AND BOND OF TREVOR ENTERPRISES FOR THE EAST BOYER RIVER SOUTH BANK CULVERT EXTENSION PROJECT (h) RESOLUTION # 2008-22 WAS INTRODUCED ATTACHING CERTAIN ANNEXED LAND TO WARD. Motion carried unanimously.

PLANNING UPDATE Planning & Zoning update was given by the chairman Bonner.

C.D.C. UPDATE C.D.C. update was given by Don Luensmann on the projects he is working on. He stated the Shriners will be doing a July 3, 2008 parade and will end at the fairgrounds for fireworks.

RESOLUTION #2008-23 RESOLUTION #2008-23 WAS INTRODUCED APPROVING APPROVE THE PRELIMINARY PLAT OF WAL-MART FIRST PRELIMINARY PLAT OF ADDITION. Motion by Skoog/Blum that the resolution WAL-MART ADDITION introduced is adopted. Motion carried unanimously.

RESOLUTION #2008-24 RESOLUTION #2008-24 WAS INTRODUCED SETTING A SET TIME & DATE FOR TIME AND DATE FOR PUBLIC HEARING TO AMEND PUBLIC HEARING TO ZONING FROM AG-1 TO C-1 HIGHWAY COMMERCIAL AMEND ZONING FOR FOR THE WAL-MART PROPERTY. Motion by Madsen/Skoog WAL-MART PROPERTY that the resolution introduced is adopted and set April 7, 2008 at 7:05 p.m. for the public hearing. Motion carried unanimously.

REC CENTER A petition of 28 names was submitted for the support of the new PETITION recreation center proposal from Wesco clients.

PROPOSED RECYCLING Darin Schau was present to speak on a proposed recycling center CENTER on Avenue C by the D.M.U. substation. He currently operates the same facility in Ida Grove. The piece of land that is being proposed has all the amenities of a railroad and electricity available. They would be recycling all types of cardboard, scrapes of metal, including old cars, appliances, copper, aluminum, and brass. This would not be a junk yard. The land is correctly zoned for the operation, but needs a special exception use added. The board of appeal will be acting on this.

RESOLUTION #2008-25 RESOLUTION #2008-25 WAS INTRODUCED APPROVING APPROVE AGREEMENT THE AGREEMENT FOR FEDERAL-AID SURFACE FOR STP PROJECT WITH TRANSPORTATION PROGRAM (STP) PROJECT WITH THE THE IDOT FOR 13TH I.D.O.T. FOR THE 13TH AVE. SOUTH PAVING PROJECT. AVENUE SOUTH Motion by Skoog/Madsen that the resolution introduced is PAVING PROJECT adopted. Motion carried unanimously.

RESOLUTION #2008-26 RESOLUTION #2008-26 WAS INTRODUCED ADOPTING A ADOPTING A MORATORIUM ON THE CURB BREAKS. A moratorium on MORATORIUM ON the breaking of curbs for a period of three months from the date of CURB BREAKS adoption or until further city council action, whichever occurs earlier. Motion by Blum/Madsen that the resolution introduced is adopted. Motion carried unanimously.

PUBLIC FORUM Don Friederichsen was present to introduce himself for running on the Republican ticket for Iowa House District 55 in the next election.

MOTION TO GO INTO Motion by Hough/Madsen to go into closed session under Iowa CLOSED SESSION code section 21.5 sub-section j. to evaluate the City Manager performance improvement plan. Motion carried unanimously.

No action was taken after coming out of the closed session. ADJOURNMENT There being no further business, the meeting was adjourned.

SIGNED ______Nathan Mahrt – Mayor ATTEST

______Marcia L. Bretey – City Clerk