3/26/2012 Council Minutes

COUNCIL PROCEEDINGS
March 26, 202
The City Council of La Porte City, Iowa met in regular session on March 26, 2012.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Mike Johnson and Kathy Norris present. Absent was Council Member Kim Ortiz Also present were Jen Sparks, Rob Williams, Sherry Sheffler, Julie Grote, Lindsay Pipho, Brian Allers and Corey Lorenzen.

Moved by Butler, seconded by Norris to approve the AGENDA. Motion carried 4-0.

Brian Allers asked the Council to reconsider the sidewalk repair order that was issued for his property.  The sidewalk is 4” narrower that the City Code allows.  No other issues were cited in the repair order. Mayor Lubben acknowledged that as the orders are issued, many residents could come forward asking for the Council to reconsider.  Council Member Norris, while acknowledging that width is the only issue with Mr. Allers sidewalk, pointed out the importance of consistency in ordering the repairs.  Allers asked why only certain property owners are being asked to make repairs this year.  Mayor Lubben indicated that the Council designated certain streets in the community for repairs this year, and will order more repairs in the coming years.  Council Member Butler responded that if the City orders a repair and the property owner does not make the repairs, then the City must make the repairs and assess it to the property owner.  That assessment could be paid back by the property owner over a period of up to ten years, but the City will have to bear the entire cost of the repairs when they are made. The City is also responsible for replacing the ramps at each intersection, and must plan for that expense as well.  No further action was taken regarding Mr. Allers’ concerns.

Moved by Craft, seconded by Johnson to approve the CONSENT AGENDA including the March 12th, 13th and 15th Minutes, Disbursements, and approval of liquor license renewal for Two Friends Tap.

City Attorney Lorenzen reported to the Council that the paperwork has been filed in the City’s lawsuit against JDE Engineering regarding the reconstruction of intakes on Cedar Street.  Lorenzen also discussed the agenda item relating to municipal infractions.  Lorenzen indicated that one person could be assigned with the task of issuing municipal infractions.  Lorenzen also recommended that the Mayor or Council approve all citations before they are issued.

Moved by Norris, seconded by Craft to approve the PUBLIC WORKS REPORT. Motion carried 4-0.

Jake Huck of MSA Engineering presented updated cost estimates for the City’s street rehabilitation projects. While the costs of complete reconstruction is generally about twice as high as an overlay, a reconstructed street will last 40–50 years, versus an overlay which will last 15–20 years.  Fillmore and Pine Streets are scheduled for rehabilitation this summer.  Both streets will receive an asphalt overlay.  Estimated cost for Fillmore Street is $250,000, estimated cost for Pine Street is $160,000.  The projects will be paid for with General Obligation Bonds. The Council also reviewed the possibility of special assessments for street repairs and replacements.  Information was presented showing revenues that could be generated based on various cost assignments and the property frontage. The Council also discussed the possibility of assessing based on a set amount per linear foot, or based on the percentage cost of the project.  No final decision regarding whether any of the repair costs would be assessed to abutting property owners was made by the Council.  Several Council members thought assessment made more sense in the case of full street reconstruction as opposed to street repairs using overlays.  

Lindsay Pipho and Julie Grote of the La Porte City Recreation Committee requested Council permission to start an adult sand volleyball league for this spring.  Tentative plans are to hold league play on Sunday evenings. Permission has been received from the school district to hold the league on the courts at the high school.

The Council discussed recent complaints about rotting corn in the bunker belonging to East Central Iowa Coop.  The City has received complaints about the smell for the past three years.  Mayor Lubben will attend the next Coop Board meeting to discuss the issue.

The Council discussed the City’s municipal infractions procedure. Questions as to who issues the citation, and if a member of the Council or the Mayor should approve the citation. City Staff will prepare a list of municipal citations so the council can assign department responsibility.

Moved by Norris, seconded by Butler to approve renewal of the City’s general insurance and worker’s compensation policies with La Porte City Insurance. The City’s general insurance, including property, auto and liability will increase 5.7% from $47,153 to $50,240.  The City’s Workers’ Compensation premium will increase 6.5% from $27,559 to $29,154.  Motion carried 4-0.

Moved by Norris, seconded by Craft to accept, receive and place on file the RESIGNATIONS OF LIBRARY BOARD MEMBERS JEFF KRONSCHNABEL and TODD PARKER. Motion carried 4-0.

Moved by Butler seconded by Craft to approve the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA, OF SECTION 3, CHAPTER 21, LIBRARY BOARD OF TRUSTEES.” The ordinance would change the board membership requirements to allow up to two members of the board to live outside the City limits, but inside Black Hawk County.  Roll call vote passed 4-0. The second reading will take place at the April 9th, 2012 Council meeting.

Moved by Norris, seconded by Johnson to approve the Mayor’s APPOINTMENT OF JACK ASCHENBRENNER TO THE HAWKIN’S LIBRARY BOARD OF TRUSTEES. Aschenbrenner will fill an unexpired term that begins immediately and will expire June 30, 2017. Motion carried 4-0.

The Council reviewed CEMENT WORK BIDS for sidewalks around the Old Fire Station and Jail at the corner of First and Chestnut Streets. Bids were received from one contractor only and were divided into two separate bids. The first portion includes the area directly in front of the Fire Station and Jail (bid total $6,095), and a portion which includes the sidewalks along First and Chestnut Streets as well as the parking area on Chestnut Street (bid total $16,183.05). While the Museum has agreed to pay for the smaller portion of the bid from their budget, they asked that the City pay for the larger portion of the work from the general fund.  The Council declined to approve the larger portion of the work at this time. Moved by Norris seconded by Craft to accept the bid from Wordehoff Contracting for $6,095 for cement work directly in front of the Fire Station and Jail . Motion carried 4-0.

Moved by Craft, seconded by Norris to approve a “RESOLUTION APPOINTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, NOTE REGISTRAR, AND TRANSFER AGENT”. The resolution appoints Bankers Trust as the registrar for the General Obligation Capital Loan Notes, Series 2012. Roll call vote passed 4-0 and Mayor Lubben declared Resolution 12-23 adopted.

Moved by Johnson, seconded by Craft to approve the TAX EXEMPTION CERTIFICATE of the City of La Porte City as issuer of $1,920,000 General Obligation Capital Loan Notes, Series 2012. Motion carried 4-0.

Moved by Butler, seconded by Norris to approve the CONTINUING DISCLOSURE CERTIFICATE in connection with the issuance of $1,920,000 of General Obligation Capital Loan Notes, Series 2012. Motion carried 4-0.

Moved by Norris, seconded by Butler to approve a “RESOLUTION AMENDING RESOLUTION 12-11 AUTHORIZING THE ISSUANCE OF $1,470,000 OF GENERAL OBLIGATION CAPITAL LOAN NOTES BY SUBSTITUTING A NEW RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE THE NOTES FOR A REVISED NOTE ISSUE AMOUNT IN THE TOTAL AGGREGATE AMOUNT OF $1,920,000”. The resolution amends the amount of the General Obligation Capital Loan Notes, Series 2012 to include sanitary sewer replacement costs. Roll call vote passed 4-0 and Mayor Lubben declared Resolution 12-24 adopted.

Moved by Johnson, seconded by Craft to approve a “RESOLUTION UPDATING THE LA PORTE CITY EMPLOYEE HANDBOOK”. The resolution amends Resolution 12-19, changing the amount of funeral leave allowed for the death of an aunt or uncle from three days to one day.  The change was made to be consistent with the collective bargaining agreements the City has with its union employees. Roll call vote passed 4-0 and Mayor Lubben declared Resolution 12-25 adopted.

Moved by Butler, seconded by Norris to approve a “RESOLUTION NAMING DEPOSITORIES.” The resolution removes Wells Fargo Bank from the list of approved City depositories and adds Farmers State Bank. Roll call vote passed 4-0 and Mayor Lubben declared Resolution 12-26 adopted.

Moved by Norris, seconded by Craft to approve a “RESOLUTION AUTHORIZING THE CERTIFICATION OF UNPAID GARBAGE FEES.” Unpaid garbage fees in the amount of $25.00 will be assessed to Black Hawk Co. Parcel No. 8712-25-430-010. Roll call vote passed 4-0 and Mayor Lubben declared Resolution 12-27 adopted.

Moved by Norris, seconded by Craft to authorize the purchase of commemorative crocks for the 100th anniversary of City Hall.  The crocks will be sold and the proceeds used to purchase display materials for City Hall.

Moved by Butler, seconded by Craft to adjourn at 8:26 PM. Motion carried 4-0.

 Jane Whittlesey, City Clerk                                                               Rick Lubben, Mayor

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