Council Meeting 11/12/2012

COUNCIL PROCEEDINGS                                 November 12, 2012

The City Council of La Porte City, Iowa met in regular session on November 12, 2012.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, and Kim Ortiz present. Absent were Council Members Mike Johnson and Kathy Norris. Also present Police Chief Larry Feaker, Building Administrator Jen Sparks, City Attorney Corey Lorenzen, Roger Downing, Louis Beck, Robert Bathen, Heather Chingren, Cade Rahls, Kaleb Bathen, Trey Redman, Alex Coghlan, Hunter Stwalley, Jeff Turner, Eli Kautz, Ben Turner and Jon Roetther.

Moved by Craft, seconded by Ortiz to approve the AGENDA. Motion carried 3-0.

Moved by Ortiz, seconded by Craft to approve the CONSENT AGENDA including the October 22nd and Minutes, Disbursements totaling $125,707.63 and Approval of Liquor Permit for Casey’s General Store. Motion carried 3-0.

Moved by Craft, seconded by Ortiz to approve the POLICE REPORT. Motion carried 3-0.

Moved by Craft, seconded by Butler to approve the BUILDING & ZONING REPORT. Motion carried 3-0.

City Attorney Corey Lorenzen proved the Council an UPDATE ON 2008 FLOOD BUYOUT OVERPAYMENT.  Mr. Koopman has filed for bankruptcy, which stays (places on hold) the City’s original filing in Iowa District Court and requires the City to show to the U. S. Bankruptcy Court why the debt for overpayment to Koopman should remain an enforceable debt.  Lorenzen will continue acting on the City’s behalf in the case.

The Council reviewed a REQUEST FOR ADJUSTMENT OF ACADEMY PAYBACK REQUIREMENTS from former La Porte City Police Officer Chris Brecher.  Under the terms of a signed agreement, Brecher is required to reimburse the City for 75% of his Academy expenses ($4,842.94) because he did not serve two full years with the department after graduation.  Citing his service to the community and the fact that he was a month away from the two year requirement, Brecher requested that the reimbursement amount be reduced to 50% of the expenses ($3,228.63).  Brecher also indicated that if his request were granted that he would make full payment within 30 days, however, if the 75% repayment was required, he would make the minimum $100 per month payments, resulting in a repayment time of approximately 4.5 years. The Council discussed the pros and cons of making a settlement other than as stated in the employment agreement, particularly in regard to setting a precedent.  Moved by Butler, seconded by Craft to deny Brecher’s request and require repayment of 75% of the training costs, as stated in the agreement. Motion carried 3-0.

Union High School FFA Director Louis Beck and La Porte/Dysart FFA members Eli Kautz, Ben Turner and Jon Roettger made a presentation to request the USE OF CITY BUYOUT PROPERTY FOR A COMMUNITY ORCHARD. The group is requesting use of the lots at both southerly corners of West Main and Oak Streets for use in growing apples, raspberries and grapes.  Produce from the orchard could be used in the schools and sold at farmers market.  In addition, the orchard could also be used for community education programs. Moved by Butler, seconded by Ortiz to accept the proposal and move forward with a 28E agreement for the project. Motion carried 3-0.

Moved by Craft, seconded by Ortiz to approve a “RESOLUTION SETTING TIME AND DATE FOR PUBLIC HEARING ON THE SALE OF PARCEL ID 8712-25-380-017. The parcel is a 30 x 30 empty lot located directly to the northwest and adjacent to the property at 407 Chestnut Street. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 12-77 adopted. The public hearing will take place on November 26th, 2012 at 7:00PM.

Moved by Craft, seconded Butler to approve the City of La Porte City TIF Certification for FY 2014. The Certification requests a portion of the TIF receipts collected for the Fiscal Year 2014 totaling $146,633.  Motion carried 3-0.

Moved by Craft, seconded by Butler to approve the City of La Porte City Annual Urban Renewal Report for FY 2012.  The report, which is required by the Iowa Department of Management, details the City receipt and use of TIF funds for economic development purposes for Fiscal Year 2012. Motion carried 3-0.

Moved by Craft, seconded by Ortiz to approve a “RESOLUTION TRANFERRING FUNDS FROM CAPTIAL PROJECTS AND TRUST FUNDS TO THE GENERAL FUND.” The resolution approves the transfer of $19,389.16 from the Bowers Trust and $5,610.84 from the Community Center Trust and $15,357.27 from the Street Rehab Account in the General Fund for Community Center Parking Lot Improvements. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 12-78 adopted.

Moved by Butler, seconded by Ortiz to approve “A RESOLUTION AUTHORIZING THE CLOSING OF CEDAR VALLEY BANK FLEX SPENDING ACCOUNT.” The account will be closed because the City has moved its banking services to Farmers State Bank. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 12-79 adopted.

Moved by Butler, seconded by Craft to approve “A RESOLUTION AUTHORIZING THE CLOSING OF CEDAR VALLEY BANK SWEEPT SAVINGS ACCOUNT.” The account will be closed because the City has moved its banking services to Farmers State Bank. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 12-80 adopted.

Heather Chingren from Hawkeye Valley Agency on Aging presented the COUNCIL ON AGING QUARTERLY REPORT. The Center served 1,087 meals in the third quarter.  The La Porte City Center also serves Gilbertville and Washburn as satellite locations.  Moved by Craft, seconded by Butler to receive and place on file the Council on Aging Quarterly report.  Motion carried 3-0.

Chingren provided Council with a BID FOR COMMUNITY CENTER DOORS. The bid for new front and entry doors would include closers with handicap operators for both interior and exterior doors. Total bid for the project is $12,196.00.  The Council will consider the bid at a future meeting.

Moved by Butler, seconded by Ortiz to leave the terms of the COMMUNITY CENTER RENTAL AGREEMENT WITH LPC COUNCIL ON AGING as is for the calendar year 2013. Motion carried 3-0. The City Clerk will forward the updated agreement to the La Porte City Council on Aging for approval.

Moved by Craft, seconded by Ortiz to approve an updated CITY CREDIT CARD POLICY.  The new policy adds Assistant Public Works Director Rob Williams to the list of City employees issued a VISA card.  The card will have a $2,000 limit. Motion carried 3-0.

The Council discussed a POLICY FOR DELINQUENT DUMPSTER ACCOUNTS. The Legislation, Personnel and City Planning committee will formulate a policy and make a recommendation to the Council at the next Council meeting.

The Council discussed PARKING ISSUES IN SUNSET KNOLLS ADDITION during Union High School Football games. Complaints that parking on both sides of the street would prohibit fire and ambulance vehicles from passing have been received.  The Council discussed temporary no parking during games, however felt that a long term solution wasn’t available at this time.

The Council discussed HEAVY TRAFFIC ON THIRD STREET.  The City cannot limit or restrict traffic on the street.

The Council discussed a COMP TIME PROGRAM for City employees. The Council requested more information on program parameters. The City Clerk will research sample comp time programs from other communities.

The City considered a request for an ADDITIONAL HOLIDAY FOR NON-BARGAINING UNIT EMPLOYEES.  Bargaining unit employees were granted an addition holiday (Presidents Day) during the last contract negotiation. Moved by Ortiz, seconded by Craft to award an addition holiday (Presidents Day) for non-bargaining unit employees who qualify for holiday pay with the exception of the Library Director. The Library Board must approve an additional holiday for Library Director. The City Clerk will prepare an amendment to the employee manual for the next Council meeting. Motion carried 3-0.

The Mayor requested that the Council RESCHEDULE 2ND COUNCIL MEETING IN DECEMBER, 2012 from December 24th to December 17th.  The City Clerk will prepare a resolution for the next meeting.

Moved by Butler, seconded by Craft to adjourn at 8:32PM. Motion carried 3-0.

Jane Whittlesey, City Clerk

Rick Lubben, Mayor

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