CITY OF PANORA City Council Meeting Panora City Hall REGULAR MEETING MINUTES FOR MONDAY, JANUARY 12TH, 2015 AT 6:30 P.M. I. Mayor Patrick Parker opened the meeting at 6:30 p.m. and called Roll. Council members present were Shannon Barber, Andy Carson, Mike Moore, Kim Smith, and Mary Smith. Staff attending Doug Long-Electrical Superintendent and Lisa Grossman-City Administrator. II. Approval of Agenda – M. Smith made a motion to approve the agenda, seconded by Barber. Motion carried unanimously. III. Public Forum – None IV. Consent Items – Carson moved to approve the minutes of 12-08-14 Regular Meeting, seconded by K. Smith. Motion carried unanimously. V. Council Business A. Roger L. Miller of Professional Solutions Financial Services presented the services his company offers regarding credit card processing. B. After a discussion reviewing the options for credit card processing, Moore made a motion to contract with Professional Solutions Financial Services with a processing fee of $3 per transaction to be charged, seconded by Carson. Motion carried unanimously. C. Carson introduced the third reading of Ordinance 299, captioned AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PANORA, IOWA, by repealing Section 136.02 and enacting a new Section 136.02 relating to Definitions for Sidewalk Regulations, repealing Section 136.04 and enacting a new Section136.04 relating to Responsibility for Maintenance, and repealing Section 136.05 and enacting a new Section 136.05 relating to City may order Repairs. ORDINANCE NO. 299 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PANORA, IOWA, by repealing Section 136.02 and enacting a new Section 136.02 relating to Definitions for Sidewalk Regulations, repealing Section 136.04 and enacting a new Section136.04 relating to Responsibility for Maintenance, and repealing Section 136.05 and enacting a new Section 136.05 relating to City may order Repairs. BE IT ENACTED by the City Council of the City of Panora, Iowa; SECTION 1. Section 136.02 of the Code of Ordinances of the City of Panora, Iowa, is repealed and the following adopted in lieu thereof: 136.02 DEFINITIONS. For use in this chapter the following terms are defined: 1. 2. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening. “Defective sidewalk” means any public sidewalk exhibiting one or more of the following characteristics: A. Vertical separations equal to three-fourths (3/4) inch or more. B. Horizontal separations equal to one (1) inch or more. C. Holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in diameter. Mayor Patrick Parker CITY OF PANORA City Council Meeting Panora City Hall 3. 4. 5. 6. 7. 8. 9. D. Spalling over fifty percent (50%) of a single square of sidewalk with one or more depressions equal to one-half (1/2) inch or more. E. Spalling over less than fifty percent (50%) of a single square of the sidewalk with one or more depressions equal to three-fourths (3/4) inch or more. F. A single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot. G. A sidewalk with any part thereof missing to the full depth. H. A change from the design or construction grade equal to or greater than three-fourths (3/4) inch per foot. “Established grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed. “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout. “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any. “Portland cement” means any type of cement except bituminous cement. “Sidewalk” means all permanent public walks in business, residential, or suburban areas. “Sidewalk improvements” mean the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel. SECTION 2. Section 136.04 of the Code of Ordinances of the City of Panora, Iowa, is repealed and the following adopted in lieu thereof: 136.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street. (Code of Iowa, Sec.364.12 [2c]) SECTION 3. Section 136.05 of the Code of Ordinances of the City of Panora, Iowa, is repealed and adopted in lieu thereof: the following 136.05 CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks. A written plan of action must be submitted to the City within 30 days of said notice by the property owner. The Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax. (Code of Iowa, Sec. 364.12 [2d & e]) SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged as invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE. This Ordinance shall be in effect from and after the later to occur of its final passage, approval and publication as provided by law. It was moved by Council Member Carson and seconded by Council Member Moore that the aforementioned Ordinance be now received, placed on file and read by the City Clerk, the Mayor Patrick Parker CITY OF PANORA City Council Meeting Panora City Hall Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes: Barber, Carson, Moore, K. Smith, and M. Smith Nays: None Whereupon the Mayor declared the motion duly carried and said Ordinance was received, placed on file and duty considered by the Council. It was moved by Carson and seconded by Moore to approve final passage of Ordinance #299. The Mayor put the motion and the question on the final passage and adoption of said Ordinance and the roll being called, the following named council Members voted: Ayes: Barber, Carson, Moore, K. Smith, and M. Smith Nays: None Whereupon, the Mayor declared said Motion duly adopted and signed his approval to said Ordinance. PASSED AND APPROVED THIS 12th DAY OF JANUARY, 2015. Patrick Parker, Mayor Attest: Lisa Grossman, City Administrator CLERK'S CERTIFICATE I hereby certify that the foregoing Ordinance No. 299 was published as required by law on the ____ day of __________________ 2015. SIGNED Lisa Grossman, City Administrator VI. Financials. A. Carson moved to approve the bills payable, seconded by Barber. Motion carried unanimously. B. Barber moved to approve the monthly financials, seconded by Carson. Motion carried unanimously. Mayor Patrick Parker CITY OF PANORA City Council Meeting Panora City Hall VII. Information Items. Administrator Grossman provided her Administrator’s Report to the Council. Mayor Parker asked for a motion to adjourn. Carson made a motion to adjourn at 7:18 p.m., seconded by Barber. Motion carried unanimously. _____________________________ Patrick Parker Mayor ATTEST: Lisa Grossman, City Administrator Mayor Patrick Parker
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