Council Meeting 5/28/2013

COUNCIL PROCEEDINGS                                                                                                              May 28, 2013

The City Council of La Porte City, Iowa met in regular session on May 28, 2013.  Mayor Rick Lubben called the meeting to order at 7:09 PM with Council Members Todd Butler, Sarah Craft and Mike Johnson present. Absent were Council Members Kim Ortiz and Kathy Norris. Also present were Corey Lorenzen, Stuart Grote, Tiffany Grote, Kathy Strubel and Joseph Elsinger.

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

Stuart and Tiffany Grote addressed the Council regarding a letter they received from the La Porte City Family Aquatic Center regarding banning them from the property. Tiffany Grote commented that they understand their ban that was instituted last season for their actions, but thinks it is unreasonable for the ban to continue into the current season.  Stuart Grote indicated that he felt that last season’s ban was for last season’s actions and requested that the ban be lifted for the current season.  Mayor Lubben apologized to the Grotes for the lateness of the letter, as the Council gave approval for the letter to be sent in late April.  City Attorney Lorenzen commented that on April 22nd, the Council discussed the ban, and there was no objection to the manager issuing a letter continuing the ban if she felt it necessary. Lorenzen also commented that the Grotes are not entitled to due process of a hearing on the ban because no property or liberty rights are affected.  Lorenzen also stated that he advised the Council that a hearing would open the door to further hearing requests for anything from library fines to other pool ejections. In reviewing the letter that was sent to the Grotes, Mayor Lubben questioned the process by which the Grotes could ask for reinstatement in the future.  Lorenzen commented that any request would need to be submitted directly to him.  Lorenzen also indicated that in discussions with the pool manager, she indicated that she was not willing to consider lifting the ban for this season.  Kathy Strubel apologized to the Council and City Staff on behalf of her family, and indicated that she believed that a lesson had been learned.  She questioned whether a personality conflict between the parties involved contributed to the issues. She also asked that the ban be lifted. Mayor Lubben commented that the Council was not present for the altercations that took place, and likely could not realize the seriousness of the conflict.  For this reason, he felt that it was ultimately the pool manager’s decision on whether the ban should be continued. Mayor Lubben reminded those present that this was not a hearing and the issue would not be debated before the Council.  Lorenzen indicated that he would be willing contact the pool manager and encourage her to meet personally with him and the Grotes to discuss the situation.  However, Lorenzen also expressed concern with lifting the ban and allowing the Grotes back on to pool property.  He stated that the City has two years of documented incidents with the Grotes. Should there be another incident with the Grotes and a guard is distracted by them, and something happened to another patron, the City would be open to liability because of that history. Council member Butler indicated that he would like to hear from the pool manager as to what the procedure for reinstatement would be.

Moved by Craft, seconded by Butler to approve the CONSENT AGENDA including the May 13th, and May 14th, 2013 Minutes, Disbursements totaling $49,117.36, Fireworks Permit for La Porte City Lions Club, Liquor and Beer Permits for Thriftway, and Native Wine Permit for Shabby Chic. Motion carried 3-0, with Craft abstaining from payments to Dutton, Braun, Staack and Hellman.

In his monthly report, City Attorney Lorenzen reiterated his concerns and opinions regarding the Grotes ban from the Aquatic Center. Lorenzen then updated the Council on progress in the Koopman case. Along with City Staff, Lorenzen reviewed the Koopman request for discovery and provided the requested documentation. Lorenzen then requested authority from the Council to conduct a deposition of Mr. Koopman prior to trial.  The Council did not object.

There was no PUBLIC WORKS REPORT.

Joe Elsinger from MSA Professional Services updated the Council on the 2013 Street Rehab Projects.  The street rehab jobs scheduled for completion this summer will be split into two separate projects, with all of the overlay jobs being scheduled in the first project group, and 2nd Street and the Community Center parking lot held until later in the summer.  Both 2nd Street and the Community Center parking lot are complete reconstructions and it is anticipated that those two projects will be scheduled approximately 4 – 6 weeks behind the other overlay projects.

Moved by Butler, seconded by Craft to SET TIME AND DATE FOR PUBLIC BID AWARD – 2013 STREET REHAB. Motion carried 3-0.  The bid awarding will take place at the June 24th, 2013 Council meeting.

Moved by Butler, seconded by Craft to approve the CLERK’S REPORT. Motion carried 3-0.

Moved by Johnson, seconded by Butler to approve the third 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, each dwelling unit of a multiple family dwelling and commercial businesses without a dumpster (weekly collection) and curbside recycling rates from $2.50 to $4.00 per month for single family residences and each dwelling unit of a multiple family dwelling.  Roll call vote passed 3-0 and Mayor Lubben declared Ordinance 474 adopted. The ordinance will be published and will be effective July 1, 2013.

Moved by Bulter, seconded by Craft to approve the third 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 3-0 and Mayor Lubben declared Ordinance 473 adopted. The ordinance will be published and will be effective July 1, 2013.

Mayor Lubben announced that the date and time had arrived for the PUBLIC HEARING ON THE FISCAL YEAR 2013 BUDGET AMENDMENT. Moved by Bulter, seconded by Craft to open the public hearing.  Motion carried 3-0. Moved by Johnson, seconded by Butler to receive and place on file proof of publication.  Motion carried 3-0. The Mayor asked written comments, none were received.  The Mayor then asked for oral comments, the clerk indicated that one resident had inquired as to some of the specifics of the public safety expenditure amendment, however, no objections were raised.  Moved by Craft, seconded by Johnson to close the public hearing. Motion carried 3-0.

Moved by Craft, seconded by Butler to approve a “RESOLUTION ADOPTING THE FISCAL YEAR 2013 BUDGET AMENDMENT”.  The amendment increases revenues by $3,283.441, largely due to the City’s bond refinancing and transfers between accounts.  Expenditures increased $2,341,102, which included the payoff of 2005 and 2006 bond issues because of the refinancing, as well as capital equipment purchases and capital improvements.  Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-36 adopted.

Mayor Lubben announced that the date and time had arrived for the PUBLIC HEARING ON THE LEASE OF CITY OWNED PROPERTY. Moved by Craft, seconded by Butler to open the public hearing.  Motion carried 3-0. Moved by Johnson, seconded by Craft to receive and place on file proof of publication.  Motion carried 3-0. The Mayor asked written comments, none were received.  The Mayor then asked for oral comments, and none were received. Moved by Craft, seconded by Butler to close the public hearing. Motion carried 3-0.

Moved by Johnson, seconded by Butler to approve a “RESOLUTION APPROVING LEASE AGREEMENT FOR CITY OWNED PROPERTY”.  The lease is with Gregg and Vanessa Arhart who plan to use City buy out property as a garden.  The property includes Lots 13, 14 and 15 in Block 7 in Railroad Addition. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-37 adopted.

Moved by Craft, seconded by Butler to approve a “RESOLUTION TO TRANSFFER FUNDS FROM GENERAL FUND TO TRUST I FUND”. The resolution approves the transfer of $10,000 from the General Fund to the Trust I (Employee Benefits) Fund to cover the anticipated shortfall due to the increase in the City’s Workers Compensation Insurance. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-38 adopted.

Moved by Craft, seconded by Johnson to approve a “RESOLUTION TO MAKE AN INTERFUND LOAN FROM EQUIPMENT RESERVE FUND TO DEBT SERVICE FUND”. The resolution approves the transfer of $40,000 from the Equipment Reserve Fund to the Debt Service Fund in the form of an interfund loan. The loan is needed to cover the FY 2013 principal and interest payment due for the 2012 General Obligation Bond and will be repaid when levy funds from the Black Hawk County Treasurer are received in FY 2014. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-39 adopted.

Moved by Butler, seconded by Craft to approve a “RESOLUTION TO TRANSFFER FUNDS FROM SEWER FUND TO DEBT SERVICE”. The resolution approves the transfer of $43,676.78 from the Sewer Fund to the Debt Service Fund for a portion of the principal and interest payment on the FY 2012 General Obligation Bond to reflect proceeds that were used for Sewer Fund Projects. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-40 adopted.

Moved by Butler, seconded by Craft to approve a “RESOLUTION TO TRANSFFER FUNDS FROM CAPITAL PROJECTS AND TIF FUNDS TO DEBT SERVICE FUND”. The resolution approves the transfer of $81,000 from proceeds from Sweet Lot Sales in the Capital Projects Fund and $4,072.75 from Tax Increment Financing Fund to the Debt Service Fund for the 2006 Sweet Addition Bond Payment. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-41 adopted.

Moved by Craft, seconded by Butler to approve a “RESOLUTION TO TRANSFFER FUNDS FROM TIF FUND TO DEBT SERVICE FUND”. The resolution approves the transfer of $129,480.25 from Tax Increment Financing Fund to the Debt Service Fund for the 2005 Family Aquatic Center Bond Payment. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-42 adopted.

Moved by Craft, seconded by Johnson to approve a “RESOLUTION TO APPROVE CIGARETTE PERMITS FOR FISCAL YEAR 2014”. The resolution approves permits to sell cigarettes to Casey’s General Store, Pronto Market and Thriftway. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-43 adopted.

Moved by Butler, seconded by Craft to approve a “RESOLUTION APPOINTING PAYING AGENT, NOTE REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND NOTE REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.” The resolution provides for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of $1,705,000 in General Obligation Refunding Capital Loan Notes, Series 2013.  Roll Call vote carried 3-0 and Mayor Lubben declared Resolution 13-44 adopted.

Moved by Butler, seconded by Craft to approve and place on file the TAX EXEMPTION CERTIFICATE for General Obligation Refunding Capital Loan Notes, Series 2013. Motion carried 3-0.

Moved by Craft, seconded by Johnson to approve and place on file the CONTINUING DISCLOSURE CERTIFICATE for General Obligation Refunding Capital Loan Notes, Series 2013. Motion carried 3-0.

Moved by Butler, seconded by Craft to approve a “RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF CAPITAL LOAN NOTES AND LEVYING A TAX TO PAY THE NOTES.” The resolution approves the issuance of Capital Loan Notes, Series 2013 and the levying of tax to pay the notes. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-45 adopted.

The Council reviewed an OFFER TO SELL PROPERTY TO CITY.  The offer is for property located at 319 8th Street in La Porte City.  The seller proposed that the City make an offer for the property, which is located across from the City Ball Diamonds, and adjacent to the Cedar Valley Nature Trail.  The dimensions of the property are approximately 180’ x 140’.  The Council was unsure whether the City had any interest in or use for the property.  The Parks & Recreation Commission will be informed of the availability of the property for possible use in its program.  Moved by Johnson, seconded by Craft to table discussion until the next meeting.  Motion carried 3-0.

Moved by Craft, seconded by Johnson to approve Mayor Lubben’s recommendation to APPOINT DAVE NEIL TO THE LA PORTE CITY HISTORIC PRESERVATION COMMISSION.  Motion carried 3-0. Neil’s term will begin immediately and run until February 21, 2016.

Moved by Craft, seconded by Butler to approve the REQUEST FOR THE DONATION OF A POOL PARTY for Sing Me to Heaven Foundation’s annual Slide & Splash 2013 Fundraiser. Motion carried 3-0.

The Council agreed to approve changing the format of meetings to move DEPARTMENT REPORTS for Police and Public Works to the Consent Agenda.  The reports are currently delivered on a monthly basis and are largely informational in nature. Under the new format, reports will still be turned in to the Clerk on a monthly basis for inclusion in Council packets. Any non-routine items, such as the purchase of capital equipment, legal matters or policy issues will be placed on the regular agenda and the department head will appear in person to discuss such items.

Moved by Johnson, seconded by Craft to adjourn at 8:22PM. Motion carried 3-0.

Jane Whittlesey, City Clerk                                                               Rick Lubben, Mayor

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