05/29/2012 Council Minutes

COUNCIL PROCEEDINGS

May 29, 2012

The City Council of La Porte City, Iowa met in regular session on May 29, 2012.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Mike Johnson, Kathy Norris and Kim Ortiz present. Also present were Sam Weich, Corey Lorenzen, Nick Wagner, Chad Hansen, Krystal Schmitz, Alisha Evans, Carla Bergmeier, Danee Hayungs, Missy Smith, Stephanie Adams, David Griswold, Ted Smalley, Heather Murr, and Paul Murr .

Moved by Ortiz, seconded by Craft to approve the AGENDA adding item 8a.-1 – RESOLUTION APPROVING FY 2012 BUDGET AMENDMENT. Motion carried 5-0.

David Griswold asked the Council to approve the installation of a walking path from the Sweet Addition to Schull Avenue.  Public Works Director Sam Weich indicated that a rock path could be installed in the undeveloped portion of the addition.  Griswold also requested clarification on the height requirements for using the slide at the Aquatic Center.  The requirement is set by the manufacturer, and the City is required to follow the manufacturer’s guidelines. Griswold inquired about a waiver so that his daughter could use the slide.  City Attorney Lorenzen indicated that a waiver would not necessarily exonerate the City, should an accident occur. Public Works Director Weich will check the manufacturer’s guidelines for the slide.

Moved by Craft, seconded by Butler to approve the CONSENT AGENDA including the May 14th Minutes, Disbursements, April 2012, Receipts, April 30, 2012 Library Minutes and May 14th Library Minutes. Motion carried 5-0.

City Attorney Corey Lorenzen updated the Council on the City’s ongoing negotiations with JDE Engineering.  JDE has made an offer of payment to the City; Lorenzen will follow up to clarify the offer to include other details. Regarding the building located in the 400 Block of Main Street, Lorenzen indicated that the City could go in and clean up the property under the nuisance portion of the City Code, and then attempt to collect on the costs from the property owner.  If the property is not cleaned up before the Festival of Trails, the City will barricade the property.  Lorenzen also updated the Council on the progress of closing out the 2008 Flood Buyout program.  The City is now being required to attempt to collect on a duplication of benefits issue with one of the buyout properties.  The closing is on hold until the issue is resolved.

Moved by Norris, seconded by Craft to approve the PUBLIC WORKS REPORT. Motion carried 5-0.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION APPROVING THE INSTALLATION OF A HANDRAIL AT THE ENTRANCE TO THE LPC AG MUSEUM (OLD FIRE STATION SITE) The resolution allows the installation of the handrail to demarcate the visitor entrance from the driveway area. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 12-37 adopted.

Moved by Craft, seconded by Ortiz to approve DUMPSTER AND WEED ABATEMENT POLICY. The policy allows for late charges on unpaid bills as well as additional fees for assessments. Motion carried 5-0.

Mayor Lubben announced that the date and time had arrived for the PUBLIC HEARING ON THE FISCAL YEAR 2012 BUDGET AMENDMENT. Moved by Craft, seconded by Butler to open the public hearing.  Motion carried 5-0. Moved by Norris, seconded by Ortiz to receive and place on file proof of publication.  Motion carried 5-0. The Mayor asked for written comments, none were received. The City Clerk reviewed the budget changes with the Council.  The Mayor then asked for oral comments, and none were received. Moved by Norris, seconded by Craft to close the public hearing. Motion carried 5-0.

Moved by Butler, seconded by Johnson to approve a “RESOLUTION APPROVING THE FY 2012 BUDGET AMENDMENT.”  The amendment increases expenditures by $551,828 and revenues by $2,058182,  not including fund transfers.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution 12-36 adopted.

Mayor Lubben announced that the date and time had arrived for the PUBLIC HEARING ON 2012 STREET REHABILITATION. Moved by Craft, seconded by Butler to open the public hearing.  Motion carried 5-0. Moved by Ortiz, seconded by Norris to receive and place on file proof of publication.  Motion carried 5-0. The Mayor asked for written comments, none were received. The Mayor then asked for oral comments, and none were received. Moved by Craft, seconded by Johnson to close the public hearing. Motion carried 5-0.

The Council reviewed bids for the 2012 STREET REHABILITIATION PROJECT which includes the resurfacing of Pine and Fillmore Streets.  Three bids were received:

Aspro, Inc                             $517.979.50

Vieth Construction              $499,297.50

Tschiggfrie Excavating       $411,011.80

Moved by Johnson, seconded by Butler to AWARD BID FOR 2012 STREET REHABILITATION TO TSCHIGGFRIE EXCAVATING CO. in the amount of $411,011.80 at the recommendation of MSA Engineers. Motion passed 5-0.

Nick Wagner of MSA Engineering reviewed progress on the Highway 218 Construction project.  He also informed the Council of an unused storm sewer that the DOT would like to have abandoned and filled. There some old sanitary sewer lines feeding into the storm sewer, most likely from floor drains in nearby basements.  Homeowners in the area were notified and advised to consult with a plumber to ensure they do not have a line feeding into the storm sewer. Moved by Norris, seconded by Butler to authorize a change order to abandon and fill the old storm sewer per DOT request.  Motion carried 5-0.

Wagner informed the Council of a potential change order regarding the curb and gutter that was installed in 2001.  The DOT feels that the curb and gutter was not installed properly, and would like to the City to pay to have it redone.  Wagner feels that since the DOT approved the curb and gutter at the time of installation, the City should not be responsible for the cost at this time.  Moved by Johnson, seconded by Butler to decline to pay for the second change order and to authorize Wagner to speak on behalf of the City.  Motion carried 5-0.

Moved by Johnson, seconded by Ortiz to authorize Mayor Lubben to approve future change orders for the Highway 218 construction project if the proposed change is recommended by both the City’s Engineer and the Public Works Director.  The Council would then ratify any such change orders, as needed, at the next meeting of the City Council.  Motion carried 5-0.

Moved by Norris, seconded Craft to approve a “RESOLUTION APPROVING STREET CLOSURES FOR THE FESTIVAL OF TRAILS CELEBRATION.”  The resolution authorizes the closing of streets for the Festival of Trails Parade, Festival Activities, Fireworks Celebration, Car Cruise and Car Show. Roll Call vote carried 5-0 and Mayor Lubben declared Resolution 12-38 adopted.

Moved by Butler, seconded by Ortiz to approve a “RESOLUTION TO TRANSFER FUNDS FROM TRUST II FUND TO GENERAL FUND.”  The resolution authorizes the transfer of $14,228.61 from the Police Task Force Trust Fund to the General Fund to cover part of the costs of the new police garage.  The remaining costs of $27,746.11 will be paid through a Black Hawk County Gaming Association Grant. Roll Call vote carried 5-0 and Mayor Lubben declared Resolution 12-39 adopted.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE FLOOD 2008 FUND.”  The resolution authorizes the transfer of $6,464.62 from the General Fund to the Flood 2008 Fund to eliminate a deficit balance while the City awaits reimbursement from Iowa Homeland Security and the Federal Emergency Management Agency. When reimbursement is received, any excess funds will be returned to the General Fund. Roll Call vote carried 5-0 and Mayor Lubben declared Resolution 12-40 adopted.

Moved by Butler seconded Ortiz to approve a “RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE CDBG FUND.”  The resolution authorizes the transfer of $157.50 from the General Fund to the CDBG Fund to eliminate a deficit balance while the City awaits reimbursement from Iowa Homeland Security and the Federal Emergency Management Agency. When reimbursement is received, any excess funds will be returned to the General Fund. Roll Call vote carried 5-0 and Mayor Lubben declared Resolution 12-41 adopted.

Moved by Craft, seconded by Johnson to approve a “RESOLUTION TO TRANSFER FUNDS FROM THE CAPITAL PROJECTS FUND TO THE DEBT SERVICE FUND.”  The resolution authorizes the transfer of $30,000 from the Aquatic Center Reserve in the Capital Projects Fund to the Debt Service Fund for the bond payment on the Family Aquatic Center. Roll Call vote carried 5-0 and Mayor Lubben declared Resolution 12-42 adopted.

Moved by Norris, seconded by Butler to approve a “RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE DEBT SERVICE FUND.”  The resolution authorizes the transfer of $51,000 from the General Fund to the Debt Service Fund for the bond payment on the Sweet Addition. Roll Call vote carried 5-0 and Mayor Lubben declared Resolution 12-43 adopted.

Moved by Norris, seconded by Johnson to table REVIEW ESTIMATE FOR CITY HALL COPIER until a second estimate can be obtained. Motion carried 5-0.

Moved by Johnson, seconded by Craft to approve REVISED FIRE DEPARTMENT SOG #3.  Motion carried 5-0.

The Council received a request from Krystal Schmitz and the FFA Ag Museum to PROHIBIT DEVELOPMENT OF CITY OWNED PROPERTY. The property in question is located next to the FFA Ag Museum Old Fire Station. The Council indicated that while they couldn’t make any promises for the future, there were no plans either from the City or the Museum to build at this time.   Mayor Lubben asked the Council to table a decision until he could consult with the City Attorney.

The Council considered a request for permission to use City property for a Circus.  The request was tabled until more information could be obtained, including who the local sponsor is, and park and recreation schedule coordination.

No information is received on the REQUEST FOR PLACEMENT OF A MEMORIAL BENCH ON MAIN STREET so the request was tabled until a future meeting.

Moved by Norris, seconded by Ortiz to receive and place on file copies of the HAWKINS LIBRARY CIRCULATION, INTERNET and PERSONNEL POLICIES. Motion carried 5-0.

Danee Hayungs addressed the Council regarding the change in pool hours for the 2012 season. She represented a group of seven families that are unhappy with the change in the hours of operation for the Aquatic Center. Mayor Lubben explained that, losses of nearly $50,000 per year led to the decision to reduce the operational hours of the Aquatic Center by one hour per day.  With this reduction, the City hoped to save approximately $5,000 per year.  The open swim hours were adjusted to eliminate the 4 – 5pm time slot and the 8 – 9 time slot as those were historically times when the pool didn’t have as many patrons. Questions were raised by the group as to whether or not the public should have been consulted with the change in hours.  The group indicated that the daytime hours are no longer convenient, and the evening hours are not family friendly.  In addition, they felt that the pool was being used as a money maker for the City instead of a recreational facility for the whole community.  Mayor Lubben responded that in his experience—whether with the old pool or the new pool—the City lost about $50,000.00 every year on pool operations alone; the pool is far from a “money maker” for the City.  The group was also unhappy with the swimming lesson schedule.  The group suggested that the City hold fundraisers to support the pool, rather than rely strictly on facility revenues to cover operational costs. Other suggestions included offering an evening swim pass at a reduced rate and eliminating the funding for the swim team and instead charging them for use of the facility.  The group also suggested that they would be willing to pay more for their season passes in order to keep the aquatic center open more hours.  Councilperson Butler pointed out that based on previous season’s ticket sales, family season passes would need to be raised from $120 to $170 to make up the $5,000 in savings the City hopes to realize from the reduction in hours.  Mayor Lubben suggested a meeting between parents and a member of the City Council to discuss possible options.  A final decision on pool hours for the 2012 season will be made by the City Council following the meeting with the concerned parents.

Moved by Craft, seconded by Butler to adjourn at 9:00 PM. Motion carried 5-0.

Jane Whittlesey, City Clerk

Rick Lubben, Mayor

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