Council Minutes 05/27/2014

COUNCIL PROCEEDINGS                                                                                                                          May 27, 2014

The City Council of La Porte City, Iowa met in regular session on May 27, 2014.  Mayor David Neil called the meeting to order at 7:00 PM with Council Members Todd Butler, Mike Johnson and Brent Sadler present. Absent were Council Members Eric Allsup and Sarah Craft. Also present were Corey Lorenzen, Kyle Durant, Becky Clark, Jim Bagenstos, Jim Meyer, Tim Meyer, Chad Toneff, Jolene Kronschnabel and Shane Clark.

Unless otherwise noted, all actions were passed by affirmative and unanimous vote of the council members present.

Moved by Butler, seconded by Johnson to approve the AGENDA.

Moved by Johnson, seconded by Butler to approve the CONSENT AGENDA including the following: Minutes of May 12, 2014, Disbursements totaling $40,094.01, Clerk’s Report for April, 2014, RESOLUTION 14-30 TO TRANSFER FUNDS FROM SEWER TO DEBT SERVICE FOR 2012 BOND PAYMENT ($42,310.00), RESOLUTION 14-31 TO TRANSFER FUNDS FROM TIF AND CAPITAL PROJECTS TO DEBT SERVICE FUND FOR 2013 BOND PAYMENT ($159,544.00), Approval of Fireworks Permit – La Porte City Lions Club Festival of Trails, Approval of Parade Permit – La Porte City Lions Club Festival of Trails and Approval of Beer Permit – La Porte City Lions Club Festival of Trails.

City Attorney Corey Lorenzen reported that the judgment in the Koopman case has been entered.  Lorenzen continues to discuss possible settlement options with the State. Lorenzen also updated the Council on a question that was raised on allowing metal roofs in the community. The zoning ordinance would not allow any restrictions on metal roofs; however the City could place restrictions in the building code.  Lorenzen recommended limiting the restriction to residential areas of the community as well as grand fathering in existing metal roofs. City staff will develop a new ordinance for Council consideration at a future meeting.

Library Director Jolene Kronschnabel presented a report for the first quarter of 2014.  Konschnabel reported that from January thru March, 2014, a total of 6,136 items were circulated, and library patrons saved a total of $62,045 by borrowing items from the library.

Fire Chief Shane Clark explained to the City Council the procedure by which the Fire Department fills private swimming pools.  La Porte City Utilities bills for the water used to fill the pool, and then typically the Fire Department requests a donation for the use of City equipment which is retain by the fire association.

Mayor Neil announced that the time and date had arrived for PUBLIC HEARING ON SALE OF CITY OWNED PROPERTY. Moved by Butler, seconded by Johnson to open the public hearing. Moved by Butler, seconded by Sadler to receive and place on file proof of publication. Mayor Neil asked if any written comments had been received, there were none. Mayor Neil asked there were any comments from those assembled, there were none. Moved by Johnson, seconded by Butler to close the public hearing.

Moved by Butler seconded by Johnson to adopt RESOLUTION 14-32 APPROVING SALE OF CITY OWNED PROPERTY.  The resolution approves the sale of Lot 29, Sweet First Addition to Dennis and Shirley Huisman for $17,000.00.

Mayor Neil announced that the time and date had arrived for PUBLIC HEARING ON FY14 BUDGET AMENDMENT. Moved by Johnson, seconded by Sadler to open the public hearing. Moved by Johnson, seconded by Butler to receive and place on file proof of publication. Mayor Neil asked if any written comments had been received, there were none. Mayor Neil asked there were any comments from those assembled, there were none. Moved by Sadler, seconded by Butler to close the public hearing.

Moved by Johnson, seconded by Sadler to adopt RESOLUTION 14-33 APPROVING FY14 BUDGET AMENDMENT.  The amendment shows a reduction in estimated revenues of $780,031 and a reduction in estimated expenditures of $548,945.

Moved by Sadler, seconded by Johnson to approve the second reading of “AN ORDINANCE ADDING CHAPTER 76 TO THE LA PORTE CITY CODE OF ORDINANCES – PERTAINING TO GOLF CARTS.”  The ordinance would allow operation of golf carts on certain streets in the City as authorized by Section 321.247 of the Code of Iowa.  Butler indicated that he felt the ordinance was not necessary. Johnson indicated that if the ordinance were to be adopted, he would like to see specific language indicating that pedestrians and bike riders would have the right of way on the trail to the Anton Addition and golf carts would be required to pull off and stop. City staff will add this language.  Sadler pointed out discussions with other communities indicated few problems with golf carts. The final reading will take place at the June 9th City Council meeting.

Moved by Johnson, seconded by Sadler to approve CIVIL WAR ENCAMPMENT ACTIVITIES – FESTIVAL OF TRAILS CELEBRATION. Activities include permission to camp on public property, permission for bonfire and permission for cannon fire.

Moved by Johnson, seconded by Sadler to approve the DONATION OF POOL PARTY TO SING ME TO HEAVEN FOUNDATION FUNDRAISER.

Moved by Butler seconded Sadler to approve the first reading of an “ORDINANCE PROHIBITING THE USE OF ELECTRONIC CIGARETTES IN PUBLIC BUILDINGS.  Electronic cigarettes are not governed by Iowa’s Smoke Free Air Act, and as such are not prohibited in public buildings.  However, Iowa law does allow building owners to prohibit their use.  The second reading will take place at the June 9, 2014 Council meeting.

Moved by Sadler, seconded by Butler to approve the first reading of an “ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES – GENERAL PENALTIES” The ordinance sets specific penalties for violations of the City’s Code of Ordinances regarding nuisance abatement.  Penalties for violation of the junk and junk vehicle ordinance are $100 per occurrence and penalty for violating the dangerous buildings ordinance is $250.00 per occurrence. The second reading will take place at the June 9, 2014 City Council meeting.

Moved by Johnson, seconded by Sadler to adopt “RESOLUTION 14-34 APPROVING STREET CLOSING FOR FESTIVAL OF TRAILS CELEBRATION”.  The resolution approves the closing of the 500 block of Main Street from 3PM on June 12th through 7AM on June 15th for Carnival setup.

Moved by Johnson, seconded by Sadler to approve MEMORANDUM OF UNDERSTANDING WITH IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS FOR GRANT WRITING SERVICES.  The agreement pertains to the City’s REAP grant application.

Moved by Butler, seconded by Sadler to approve RECLASSIFICATION OF LMI FUNDS FROM SPECIAL REVENUE TO TAX INCREMENT FINANCING.  The reclassification is strictly for reporting purposes on the City’s budget and annual financial report and does not involved any funds transfers.

Jim Meyer requested that the City reimburse him for costs to replace his sewer service line.  Meyer claimed that repairs to the storm sewer in 2005 caused damage to his service line. Subsequent repairs by the City’s contractor were not done properly causing years of issues. Moved by Johnson, seconded by Butler to table REQUEST FOR REIMBURSEMENT OF SEWER REPAIRS until more information becomes available.

Moved by Johnson, seconded by Butler to adjourn at 8:45 PM.

Jane Whittlesey, City Clerk

David Neil, Mayor

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