Council Minutes 7/8/2013

COUNCIL PROCEEDINGS July 8, 2013
The City Council of La Porte City, Iowa met in regular session on July 8, 2013. Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Sarah Craft, Kathy Norris and Kim Ortiz present. Absent were Council Members Todd Butler and Mike Johnson. Also present were Sam Weich, Jake Huck, Jen Sparks, Stacy Fleshner, Tara Miehe, Aypryl Pippert, Gary Murphy, Jamie Wandschneider and David Neil.

Moved by Norris, seconded by Ortiz to approve the AGENDA. Motion carried 3-0.

Moved by Ortiz, seconded by Craft to approve the CONSENT AGENDA including the June 24th, 2013 Minutes, Disbursements totaling $177,448.37, and Police Report for May, 2013. Motion carried 3-0.

Moved by Craft, seconded by Norris to approve the CLERK’S REPORT for June, 2013. Motion carried 3-0.
Stacy Fleshner and Tara Miehe presented the LITTLE LEAGUE SEASON END REPORT. A total of 190 children participated this season. In addition, the City hosted the TriCounty Tournament this year. Lions Club will side the concession stand later this summer, and the roof will also be replaced. Moved by Craft, seconded by Norris to approve the LITTLE LEAGUE SEASON END REPORT. Motion carried 3-0.
Pool Manager Aypryl Pippert presented the AQUATIC CENTER MID SEASON REPORT. She reported that things are going well with no issues. She presented a swimming lesson report, estimating over 200 participants. Due to the cold weather, attendance was low early in the season. Pool staff has seen a rise in the desire for private lessons, as they are the same price as group lessons. Pippert will review this and make a recommendation for next season. Mayor Lubben inquired about the availability of guards as the school year approaches and camps and practices begin. Pippert indicated that she had a larger staff, and believed that they would be able to keep the pool open for the scheduled days. Moved by Craft, seconded by Ortiz to approve the AQUATIC CENTER MID SEASON REPORT. Motion carried 3-0.

Building Administrator Jen Sparks presented the BUILDING & ZONING REPORT. She indicated that there is an open position on the BOARD OF ADJUSTMENT. However, she has received no interest. The seat will remain unfilled until a candidate can be found. Regarding the 2008 Flood Buyout, the City has received a letter from the State indicating that $30,000 of the outstanding amount has been paid by a grant. The remaining $70,000 is still outstanding, and the State appears to be awaiting for a resolution in the Kooopman case before they proceed with collection efforts. Bridge to Bridge ride has been rescheduled for August 17th. Updates on properties of concern: 205 W MAIN – Acquired in 2011, demo bids were sent out in 2012, no bids were received. Sparks has begun to contact asbestos testing companies again. She will send out for demo bids with a due date of August 7th. Bids for demolition will be awarded at the August 12th meeting. Public Works Director Sam Weich suggested that if the asbestos were abated, the public works department could demolish the building. Questions were raised regarding the removal of the basement. Concerns were also raised about the feasibility of selling the lot for rebuilding. Since the building is located in the floodway, a new house could only be built in the same footprint as the previous building and would need to be elevated. Mayor Lubben indicated that the property may need to remain green space, or be sold as a bare lot. 109 W MAIN – permit for the porch was issued in 2010. No progress thus far. Sparks and the building inspector will meet with the property owner to discuss the porch and assess dilapidated out buildings. 409 MAIN – Demolition permit issued in October 2011. Notice was sent in February 2013 for final inspection and clean-up of remaining debris. In March 2013, a Junk Notice was sent for cleanup of debris. The property owner responded that the debris was abated. Sparks suggested that the City clean up the property and assess the costs to the property owner. Moved by Norris, seconded by Ortiz to approve the BUILDING & ZONING REPORT. Motion carried 3-0.

Moved by Norris, seconded by Craft to approve a “RESOLUTION CHANGING THE DATE OF THE 2nd COUNCIL MEETING IN JULY, 2013”. The resolution approves the rescheduling of the 2nd Council meeting in July from July 22, 2013 to July 23, 2013. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-59 adopted.

Mayor Lubben announced that the date and time had arrived to the PUBLIC HEARING ON THE 2013 STREET REHABILITATION PROJECT (PHASE I) REBID. Moved by Craft, seconded by Ortiz to open the public hearing. Motion carried 3-0. Moved by Norris, seconded by Craft to receive and place on file proof of publication. Motion carried 3-0. The Mayor asked for oral comments. Jake Huck with MSA Professional Service reported that the purpose of the public hearing was to rebid Phase I of the project, modifying the project to remove Benton Street. Huck recommended that the City seek bids for the revised Phase I projects then review the projects to see what can be added based on what funds are available. Discussion was held on possible solutions for the northern 4 blocks of Benton, where the street is in poor condition. Dave Neil asked what the costs for lining the north portion of Benton. Huck responded that the cost is usually $30.00/ linear foot, however, he indicated that the lining would not take place this year, but be combined with a larger lining project. Moved by Norris, seconded by Ortiz to close the public hearing. Motion carried 3-0.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION APPROVING 2013 STREET REHABILITATION (PHASE I)”. The resolution approves the plans, specifications, form of contract and estimate of costs for the 2013 Street Rehabilitation Project (Phase I) REBID. Estimated cost for the project is $420,000. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-60 adopted.

Jake Huck with MSA Professional Services reviewed the BIDS FOR 2013 STREET REHABILITATION PROJECT (PHASE II):

Baker Concrete $307,721.00
Horsfield Construction $159,698.00
Pirc-Tobin Construction $190,404.60
Tschiggfrie Construction $198,935.70

Phase II includes the reconstruction of 2nd Street and the Community Center Parking Lot.

Moved by Norris, seconded by Otriz to approve a “RESOLUTION AWARDING BID FOR 2013 STREET REHABILITATION (PHASE II)”. The resolution awards the bid in the amount of $159,698.00 for the reconstruction of 2nd Street and the Community Center Parking Lot to Horsfield Construction. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-61 adopted.

Moved by Craft, seconded by Ortiz to approve the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA, CHAPTER 69.09, ALL NIGHT PARKING ON MAIN STREET.” The ordinance amends Chapter 60.09 of the City Code to allow overnight parking on Main Street between Locust and Walnut on Fridays and Saturdays. Roll call vote passed 3-0. The second reading will take place at the July 23rd Council meeting.

Moved by Craft, seconded by Norris to approve the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA, CHAPTER 50.11, NUISANCE ABATEMENT – COLLECTION OF COSTS.” The ordinance amends Chapter 50.11 of the City Code to increase the minimum amount that can be paid back in installments through property taxes from $100.00 to $500.00 in accordance with the Code of Iowa. Roll call vote passed 3-0. The second reading will take place at the July 23rd Council meeting.

Moved by Craft, seconded by Ortiz to approve a “RESOLUTION TO TRANSFER EQUIPMENT RESERVE AMOUNTS FOR FY 2014”. The transfers were called for under the FY 2014 budget and were to be made after July 1, 2013. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-62 adopted.

Moved by Norris, seconded by Craft to approve a “RESOLUTION TRANSFERRING TOWNSHIP FUNDS FROM GENERAL FUND TO EQUIPMENT RESERVE”. The resolution approves the transfer of excess Township Revenues in the amount of $7,83558 from the General Fund to the Equipment Reserve Fund of the Fire Department. Roll Call vote passed 3-0 and Mayor Lubben declared Resolution 13-63 adopted.

Moved by Ortiz, seconded by Norris to approve a “RESOLUTION TO TRANSFER FUNDS FROM EQUIPMENT RESERVE TO GENERAL FUND”. The resolution approves the transfer of $72,500 from the Sanitation in the Equipment Reserve Fund to the General Fund for payment of the chassis for a new garbage truck. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-64 adopted.

Moved by Norris, seconded by Ortiz to approve a “RESOLUTION AMENDING EMPLOYEE MANUAL – LIBRARY DIRECTOR”. At the request of the Library Board of Trustees, the Library Director’s status was changed from three-quarter time to full-time. The resolution changes definition of a work day for purposes of vacation and casual time accrual from 6 hours to 8 hours. Roll call vote passed 3-0 and Mayor Lubben declared Resolution 13-65 adopted.

Moved by Craft, seconded by Ortiz to approve “A RESOLUTION SETTING BALLOT LANGUAGE.” The resolution sets the ballot language for the Public Referendum to Reauthorize the Local Option Tax, effective January 1, 2016. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-66 adopted.

Moved by Ortiz, seconded by Norris to approve “A RESOLUTION AUTHORIZING THE CERTIFICATION OF UNPAID WEED ABATEMENT FEES.” The resolution approves the assessment of $325.00 for unpaid mowing fees to Black Hawk County Parcel 8712-36-228-002. Roll call vote carried 3-0 and Mayor Lubben declared Resolution 13-67 adopted.

The Council reviewed two quotes received for a new backhoe:

Martin Equipment $104,250.00
Murphy Tractor $ 96,950.00

Moved by Craft, seconded by Ortiz to award the BID FOR BACKHOE to Murphy Tractor in the amount of $96,950.00. Motion carried 3-0.

Moved by Norris, seconded by Ortiz to approve Mayor Lubben’s appointment of LeAnn Craft to HISTORIC PRESERVATION COMMISSION. Craft will serve a shortened term that will expire on December 31, 2013. Motion carried 3-0.

Gary Murphy addressed the Council regarding the purchase of a new garbage truck and container system. Murphy asked if the public had been informed about the purchase before the decision was made. He inquired why the City decided to go with a truck that would still require two people on the truck as opposed to purchasing a fully automated truck that would only require one. Public works director Sam Weich indicated that cost of operation was not the main concern. If the City had gone with a fully automated truck, the City still would have had to retain a second truck to pick up the commercial dumpsters and large items, or give up the commercial service completely. Had the City chosen to use only a fully automatic garbage truck, all dumpster service, all commercial garbage service and all hauling of large items would have to be contracted with a private garbage hauler by each person, business or even the City requiring such services. Murphy also expressed concern over the amount of recycling that people will generate with the new containers. Weich indicated that the City may have to split the town in half and collect recycling for half of the community each week. Once the new containers are delivered, the City will need to monitor collections and adjust the schedules according to the need.

Moved by Norris, seconded by Ortiz to adjourn at 8:28 PM. Motion carried 3-0.

Jane Whittlesey, City Clerk
Rick Lubben, Mayor

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