Council Meeting 12/10/12

COUNCIL PROCEEDINGS

December 10, 2012

The City Council of La Porte City, Iowa met in regular session on December 10, 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 Police Chief Larry Feaker, Building Administrator Jen Sparks, Josh Evans, Evan Freese, Mark Schmitz and Dave Hopkins.

Moved by Norris, seconded by Craft to approve the AGENDA including removal of item 7f from the agenda. Motion carried 5-0.

Dave Hopkins addressed the Council regarding item 6a on the agenda, “Resolution to Sell City Owned Property”. He felt that the Council is selling the property without offering it for sale to the general public, and without getting top dollar for the property. Mayor Lubben explained that the sale of the property is part of a larger economic development agreement with Mark and Krystal Schmitz and that the agreement was made with the anticipation of creating an opportunity for new business and increased property values. Mark Schmitz explained that the lot is integral to their project, which involves the demolition of a derelict building and construction of a new building and relocation of their business to La Porte City.

Moved by Butler, seconded by Craft to approve the CONSENT AGENDA including the November 26th Minutes and Disbursements totaling $168,131.40. Motion carried 5-0.

Moved by Norris, seconded by Ortiz to approve the POLICE REPORT. Motion carried 5-0.

Moved by Ortiz, seconded by Craft to approve the BUILDING & ZONING REPORT. Motion carried 5-0.

Moved by Norris, seconded by Butler to approve a “RESOLUTION APPROVING THE SALE OF CITY OWNED REAL ESTATE”. The resolution approves the sale of city-owned real estate described as “NW 30 FT NE 30 FT LOT 7 BLK 3, City of La Porte City” to Mark and Krystal Schmitz for $1.00 as part of an economic development agreement. Roll call vote passed 3-2 with Johnson and Ortiz opposed. Mayor Lubben declared Resolution 12-83 adopted.

Moved by Norris, seconded by Ortiz to approve a DUMPSTER, WEED AND SNOW ABATEMENT POLICY. The updated policy requires residential dumpster rentals, large item and appliance pickup to be prepaid and scheduled through City Hall. Motion carried 5-0.

Council member Norris reported that the Fire/Rescue officers met and discussed the City hiring the Fire Chief. This changes the current procedure of having the members of the Fire Department elect the Fire Chief with the approval of the City Council. Applications for the position will be accepted until December 31, 2012. Such a change will require amendment of the Fire Department Standard Operating Guidelines as well as an amendment to theCity Ordinances. Norris would also like to see the salary for the Fire Chief increased.

Moved by Johnson, seconded by Ortiz to approve the hiring of Evan Freese as FIRST YEAR PATROL OFFICER. Motion carried 5-0.

Mayor Lubben administered the Oath of Office to Officer Freese.

Moved by Craft, seconded by Ortiz to approve a “RESOLUTION SETTING SALARY FOR PATROL OFFICER”. The resolution establishes an hourly rate for Officer Evan Freese of $15.40/hr as set forth in the union contract. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 12-84 adopted.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION SETTING TIME AND DATE FOR PUBLIC HEARING ON THE SALE OF CITY OWNED PROPERTY.” The resolution schedules the date for the public hearing on the sale of Sweet Addition Lots 13 and 14. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 12-85 adopted. Notice will be published and the public hearing will take place on January 14, 2013 at 7:00PM.

Moved by Butler seconded by Norris to reject the offer to purchase of Sweet Addition Lots 21 and 22. Motion carried 5-0. Butler also requested the City Clerk to contact the prospective buyer regarding the offer. If the buyer were willing to remove Item 6d (which created a lower than acceptable sale price) from the offer, the City Clerk should then place a resolution scheduling a public hearing on the sale on the agenda for the December 17, 2012 meeting.

Moved by Craft, seconded by Ortiz to approve the first reading of “AN ORDINANCE AMENDING CHAPTER 106, SECTION 08 – SOLID WASTE AND RECYCLING COLLECTION FEES.” The ordinance sets the cost of dumpster rental for residents at $50.00/week. Roll call vote passed 5-0 and Mayor Lubben declared the first reading passed. The second reading will take place at the December 17th Council meeting.

Moved by Butler, seconded by Craft to approve an updated CITY CREDIT CARD POLICY. The policy increases the credit limit on the City VISA for the Library Director to $5,000.00. The credit limit increase was made at the request of the Hawkins Library Board of Trustees. Motion carried 5-0.

Iowa Code 384.84, provides that “the governing body of a city utility may, by resolution, delegate to a designee named in the resolution the city utility’s authority to certify unpaid rates or charges to the county treasurer.” The City Clerk will prepare a resolution to delegate to the Clerk the City’s authority to certify unpaid utility and dumpster charges to the County Treasurer.

Mayor Lubben reminded the Council the date of the next meeting of the City Council is December 17, 2012 at 7:00 p.m.

Moved by Craft, seconded by Ortiz to adjourn at 8:01PM. Motion carried 5-0.

Rick Lubben, Mayor
Jane Whittlesey, City Clerk

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