Council Minutes 6/24/2013

COUNCIL PROCEEDINGS
June 24, 2013

The City Council of La Porte City, Iowa met in regular session on June 24, 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, Bob Wood, David Neil, Gary Wordehoff and Matt Sauer with MSA Professional Services.

Moved by Craft, seconded by Norris to approve the AGENDA. Motion carried 5-0.

Bob Wood addressed the Council regarding the parking situation on Pleasant and Primrose on evenings of home football games at Union High School.  He indicated that with cars parked on both sides of the street it is doubtful that emergency vehicles could get through if needed. He requested that the City establish NO PARKING on the west side of Pleasant and the North side of Primrose.  Mayor Lubben commented that the Chief of Police and the Public Works Director have the authority to establish temporary no parking areas.  Assistant Public Works Director Rob Williams told the Council the Public Works Department has temporary no parking signs that were used for the Festival of Trails Parade route and that those signs could be used for this purpose.  Council Member Craft commented that restricting parking is probably a good idea; however the situation would need to be monitored to see if parking issues develop in other areas. Mayor Lubben indicated that he would meet with the Police Chief and the Public Works Department to discuss the situation.

Moved by Norris, seconded by Ortiz to approve the CONSENT AGENDA including the June 10th, 2013 Minutes, Disbursements totaling $1,809,709.95, Public Works Report for May, 2013 and Hawkins Library Board Minutes from June 10th, 2013 and approval of Liquor License for PnB’s Brew Pub, LLC. Motion carried 5-0 with Craft abstaining from payments to Dutton, Braun, Staack & Hellman.

City Attorney Corey Lorenzen updated the Council on the Koopman case.  Koopman’s attorney has filed a motion to withdraw as legal counsel.  Lorenzen will ascertain the reason for the motion and answer accordingly.  Lorenzen also informed the Council that effective August 1, 2013, he will become the City attorney for the City of Dysart.  He anticipates no conflicts at this time.

Moved by Norris, seconded by Craft to approve the CLERK’S REPORT for May, 2013. Motion carried 5-0.

Matt Sauer with MSA Professional Services provided the Council with a PROJECT UPDATE FOR 2013 STREET REHAB PROJECTS.  The City currently has two projects out for bid, one of which is Phase I, which includes resurfacing of Benton, Bishop, Maple and Adams and sanitary sewer replacement on Benton.  Engineer’s estimate of costs was approximately $700,000.  However only one contractor returned a bid and that bid was $1,200,000. Sauer recommended that the Council reject the bid, remove Benton Street from the project and send the project out for rebid. The remaining project, Phase II is for reconstruction of 2nd Street and the Community Center parking lot.  Sauer doesn’t forsee any issues getting competitive bids for Phase II.  The bid opening for Phase II is scheduled for July 3rd.

Moved by Johnson, seconded by Norris, to reject all bids for 2013 STREET REHABILITATION PROJECT (PHASE I) and to send the project out for rebid. The reason for the rejection is because the bid came in much higher than expected. Motion carried 5-0.

Moved by Butler, seconded by Ortiz to SET TIME AND DATE FOR PUBLIC HEARING, BID OPENING AND BID AWARD – 2013 STREET REHABILITATION- REBID (PHASE I), removing Benton Street from the bid. The public hearing will take place on July 8th, 2013, the Bid Opening will take place on July 18th, 2013 and the Bid Award will take place on July 22nd, 2013. The City may also add other streets to the project as funds allow. Motion carried 5-0.

Moved by Ortiz, seconded by Craft to rescind the motion to SET TIME AND DATE FOR PUBLIC HEARING, BID OPENING AND BID AWARD – 2013 STREET REHABILITATION- REBID (PHASE I) due to scheduling conflicts with the Council. Motion carried 5-0.

Moved by Craft, seconded by Ortiz to SET TIME AND DATE FOR PUBLIC HEARING, BID OPENING AND BID AWARD – 2013 STREET REHABILITATION- REBID (PHASE I), removing Benton Street from the bid. The public hearing will take place on July 8th, 2013, the Bid Opening will take place on July 18th, 2013 and the Bid Award will take place on July 23nd, 2013. The City may also add other streets to the project as funds allow.  Motion carried 5-0.

Mayor Lubben announced that the date and time had arrived for the PUBLIC HEARING ON THE 2013 STREET REHABILITATION PROJECT (PHASE II). Moved by Craft, seconded by Butler 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. Phase II of the project includes reconstruction of 2nd Street and the Community Center parking lot. The Mayor asked written comments, none were received.  The Mayor then asked for oral comments. Dave Neil asked about the timeline for Benton Street. Mayor Lubben explained that it was not fiscally prudent to resurface Benton Street if the sanitary sewer could not be addressed at the same time, as the City would be forced to tear up the street again when the sanitary sewer is replaced.  Neil inquired about the wisdom of reconstructing 2nd Street while not dealing with the issues on Benton Street. Norris asked about the possibility of a temporary fix for Benton Street until the sanitary sewer issues can be addressed. Johnson stated that perhaps the worst area of the street could be fixed. Neil stated that the worst part of Benton is the northern two blocks and asked if the north end of the street could be fixed if the north end of the sewer could be lined instead of replaced. Sauer indicated that MSA could certainly look at the possibility. Williams also indicated that it was possible to have the street chip sealed until the entire street could be addressed. Moved by Norris, seconded by Ortiz to close the public hearing. Motion carried 5-0.

Moved by Norris, seconded by Ortiz to pass a “RESOLUTION APPROVING 2013 STREET REHABILITATION (PHASE II)”. The resolution approves the plans, specifications, form of contract and estimate of costs for the 2013 Street Rehabilitation Project (Phase II). Estimated cost for the project is $213,000. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-55 adopted.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION TO ALLOW PLACEMENT OF STEPS ON SIDEWALK”. The resolution approves the placement of steps at the corner of the building located at 201 Main Street. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-56 adopted.

Moved by Johnson, seconded by Craft to approve a “RESOLUTION CHANGING THE LOCATION OF THE SECOND COUNCIL MEETING IN AUGUST, 2013”. The resolution approves the relocation of the August 26th, 2013 Council meeting to Hawkins Memorial Library. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-57 adopted.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION AMENDING THE SALARIES OF LIBRARY EMPLOYEES”. The resolution approves the request by Hawkins Memorial Library Board of Trustees to increase the salaries of Library Director Jolene Kronschnabel to $18.00/hr and Assistant Librarian Janice DeWitt $9.00/hr.    These wages are more than what was approved for the Fiscal 2014 budget.  All wages paid over the budgeted amount will be reimbursed to the City from the Library Trust. Mayor Lubben commented that the Library Board has agreed to pay the payroll increase from the Library Trust.  In future budget years, the Library Board will be expected to submit a budget request that reflects the desired payroll amount. Council member Craft inquired if the City would be expected to pay the additional wages from the general fund in future years.  It was determined that the Council could require the Library Board to use its Trust Fund to pay for any expenses that future Councils may not want to fund from the General Fund.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-58 adopted.

Moved by Craft, seconded by Norris to approve Mayor Lubben’s appointment of JOAN GETZ AND AMY GRISWOLD TO THE HAWKINS MEMORIAL LIBRARY BOARD OF TRUSTEES. Getz’s term will begin on July 1, 2013 and will expire June 30, 2019 and Bergmeier will fill an unexpired term that begins immediately and expire June 30, 2018. Motion carried 5-0.

The Council held discussion on POSSIBLE AMENDMENT TO CH 69.09 (ALL NIGHT PARKING ON MAIN STREET). Currently, parking on Main Street between Locust and Walnut Street is prohibited between the hours of 3AM and 6AM. The City has received a request to allow overnight parking on Main Street on Friday and Saturday nights.  Johnson requested that an ordinance amendment be prepared to allow overnight parking on Main Street on Fridays and Saturdays.  It was noted that the change in ordinance would not supersede the City’s snow ordinance, and that vehicles would have to be moved off of the street when a snow emergency is declared. The Clerk will prepare an ordinance for the next meeting.

The Council held discussion on an AMENDMENT TO CH 50.11 (NUISANCE ABATEMENT – COLLECTION OF COSTS).  In 2012, the State Legislature changed the amount of assessment that could be paid back in installments over 10 years from a minimum of $100 to $500.  The City of La Porte City may either amend its Code of Ordinances to reflect that change, or the City could remove that section of the Code completely, in which case Council approval would be required before an installment plan could be implemented. Butler requested that an ordinance amendment be prepared that changes the minimum amount that may be assessed to $500 in conjunction with the State code; and that the term “shall” be changed to “may”. The Clerk will prepare an ordinance for the next meeting.

Moved by Craft, seconded by Butler to adjourn at 8:07 PM. Motion carried 5-0.

Jane Whittlesey, City Clerk                                                               Rick Lubben, Mayor

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