Council Meeting 4/22/2013

COUNCIL PROCEEDINGS April 22, 2013
The City Council of La Porte City, Iowa met in regular session on April 22, 2013. 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 Assistant Public Works Director Rob Williams, City Attorney Corey Lorenzen, Aypryl Pippert, Jaimie Wandschneider, Colleen Hoffman Schulz, Jeff Larison, Jen Sparks, Shawn Sheffler, David Griswold and Jeremy Juhl.

Moved by Norris, seconded by Ortiz to approve the AGENDA, striking item 8f, RESOLUTION TO SET TIME AND DATE FOR PUBLIC HEARING, SALE OF CITY PROPERTY. Motion carried 5-0.

Moved by Craft, seconded by Norris to approve the CONSENT AGENDA including the April 8th, 2013 Minutes, Disbursements totaling $48,443.36, Hawkins Memorial Library Board Minutes of March 11, 2013, FFA Historical & Ag Museum Minutes of March 19, 2013 and Beer Permit for La Porte City Lions Club Festival of Trails Celebration. Motion carried 5-0.

City Attorney Corey Lorenzen provided an update on the Koopman case. The case is still in the discovery phase, new financial disclosures were received from the and the City has asked to provide information regarding qualification of the individuals administering the program. Potential trial dates are still 10 -12 months away.

Assistant Public Works Director Rob Williams reported that Iowa Wall Saw was working on Case Road to repair a void under the street. The Community Center and Library both have roof leaks. Contractors have been contacted. Contractors were also in town to pull the pumps on Seventh Street and will be rewiring them.

Mayor Lubben reported that he met with a representative of the Iowa Department of Transportation regarding the speed study that was conducted on Highway 218. The DOT reported that for both the north and south entrances to the City, there were not enough reportable accidents to warrant changing the speed limits.

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

The City Clerk provided the Council with an update on preparations for the FY2013 BUDGET AMENDMENT. The public hearing for the budget amendment is scheduled for the May 28th, 2013 Council meeting.

Moved by Norris, seconded by Ortiz to approve the CLERK’S REPORT FOR MARCH, 2013. Motion carried 5-0.

Mayor Lubben indicated that Council members had received several concerns from Swim Team parents regarding the scheduling of Swim Team hours. Aquatic Center Manager Aypryl Pippert provided the Council with a letter regarding evening swim lessons. Pippert indicated that she received complaints last summer from parents regarding the lack evening practice time. She also indicated that she felt that there was an opportunity for increased revenue in offering the evening lessons. Colleen Hoffman Schulz spoke on behalf of the swim team. She indicated that she felt that the swim team should have been consulted in the decision making process for swim team practice times. She also indicated that the majority of their participants chose to swim during the afternoon session from 4:30-6:30. Council member Norris asked Schulz how many lanes the team needed to practice. Schulz indicated that the team uses the entire lap pool and the wading section for the first hour, but after that hour, the wading section and part of the lap pool could be used for lessons. Assistant Manager Jaimie Wandschneider indicated if swim team practice were held at the same time as lessons, both groups would suffer, as neither would get full use of the pool. Larison asked how many lessons were provided for each session. Wandschneider indicated that there were 10 lessons of approximately 45 minutes each. Larison indicated that swim team would be done July 13th, so that evening lessons could take place after that date without the necessity of sharing the pool. Norris indicated that she felt that the swim team should be allowed to practice during the afternoon break. Butler asked the swim team if they would agree to use the pool for the first hour of the afternoon break. Norris indicated that she felt that the decision to hold swim lessons during the afternoon break was denying swim team members the opportunity to practice. Butler acknowledged that he appreciated Pippert’s efforts to increase revenue; he felt it was important to offer the swim team an hour to practice during the afternoon break. Larison spoke of the pool is a community asset, and profit should not be the driving factor in the operation of the pool. Butler indicated that profit was not the driving factor, but that increasing revenue represented an effort to lessen the burden on taxpayers. Both groups agreed to work together to work out agreeable practice and swim lesson times.

Jen Sparks provided the Council with an update on the Bridge to Bridge to recognize the opening of the Cedar River Nature Trail Bridge at McFarlane Park. The event is scheduled for May 4th with the dedication ceremony beginning at 1:00pm. There will be live music, and La Porte City Fire/Rescue will be serving a pulled pork lunch. Mayor Lubben will be one of the speakers at the dedication ceremony.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION TO CLOSE STREETS FOR FESTIVAL OF TRAILS CELEBRATION”. The resolution includes street closings for Festival activities, parade, fireworks and
car cruise. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-26 adopted.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO A 28E AGREEMENT WITH UNION COMMUNITY SCHOOL DISTRICT FOR PURPOSE OF ESTABLISHING OF A COMMUNITY ORCHARD”. The agreements provides for the establishment of community orchards on properties located at the corner of Main and Oak Streets. Roll call vote passed 5-0 and
Mayor Lubben declared Resolution 13-27 adopted.

Mayor Lubben announced that the date and time had arrived for the “PUBLIC HEARING ON THE ADOPTION OF PROPOSED AMENDMENT No. 4 TO THE LA PORTE CITY URBAN RENEWAL PLAN”. Moved by Butler, seconded by Johnson to open the public hearing. Motion carried 5-0. Norris, seconded by Ortiz to receive and place on file proof of publication. Motion carried 5-0. The Mayor asked for the report of the City Clerk with respect to the consultation held with the affected taxing entities to discuss the proposed Plan. The Council was informed that the consultation was duly held as ordered by the Council, and that no written recommendations were received from affected taxing entities. The report of the City Clerk with respect to the consultation was placed on file for consideration by the Council. The Mayor then asked the City Clerk whether any written objections had been filed with respect to the proposed Amendment, and the City Clerk reported that no written objections thereto had been filed. The Mayor then called for any oral objections to the adoption of the Amendment No. 4 to the La Porte City Urban Renewal Plan and none were made. Moved by Butler, seconded by Ortiz to close the public hearing. Motion carried 5-0.

Moved by Johnson, seconded by Norris to adopt a “RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE City; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING AMENDMENT NO. 4 TO THE LA PORTE CITY URBAN RENEWAL PLAN” Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-28 adopted.

Mayor Lubben announced that the date and time had arrived for the PUBLIC HEARING ON THE AUTHORIZATION OF A LOAN AGREEMENT AND ISSUANCE OF NOT TO EXEED $1,900,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2013 public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of not to exceed $1,900,000 General Obligation Capital Loan Notes, Series 2013, in order to provide funds to pay costs of: a. The construction, reconstruction, and repairing of street improvements; the acquisition, installation, and repair of traffic control devices; and the acquisition of any real estate needed for any of the foregoing purposes; b. The acquisition, construction, improvement, and installation of street lighting fixtures, connections, and facilities; c. The construction, reconstruction, and repair of sidewalks and the acquisition of any real estate needed for such purposes; d. The construction, reconstruction, extension, and improvement of works and facilities useful for the collection, treatment, and disposal of sewage and for the collection and disposal of surface waters and streams; and e. The settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan Agreement and the issuance of the Notes, had been published pursuant to the provisions of Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as amended. Moved by Craft, seconded by Johnson 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 then asked the Clerk whether any written objections had been filed by any city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Moved by Norris, seconded by Craft to close the public hearing. Motion carried 5-0.

Moved by Johnson, seconded by Butler to adopt a “RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,900,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2013″. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-29 adopted.

Moved by Norris, seconded by Ortiz to adopt a “RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,705,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2013, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT”. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-30 adopted.

Moved by Butler, seconded Craft to approve the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA PERTAINING TO SOLID WASTE AND RECYCLING COLLECTION FEES.” The ordinance amends the rate for solid waste collection from $12.00 to $13.00 per month for single family residences and each dwelling unit of a multiple family dwelling and curbside recycling rates from $2.50 to $4.00 per month for single family residences, each dwelling unit of a multiple family dwelling and commercial businesses without a recycling dumpster. Roll call vote passed 5-0. The second reading will take place at the May 13th Council meeting.

Moved by Butler, seconded by Norris to approve the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA PERTAINING TO SEWER RATES.” The ordinance would change minimum monthly charge from $25.50 to $25.75 and the rate for usage over 750 cubic feet from .007/cu ft to .015.cu ft. Roll call vote passed 5-0. The second reading will take place at the May 13, 2013 Council meeting.

Moved by Butler, seconded by Ortiz to order sidewalks installed where there is none on the northwest side of Maple Street between the alley and First Street. Motion carried 5-0.

Moved by Butler, seconded by Norris to adjourn at 8:56 PM. Motion carried 5-0.

_________________________________ ________________________________
Jane Whittlesey, City Clerk Rick Lubben, Mayor

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