Council Minutes 8/26/2013

COUNCIL PROCEEDINGS     August 26, 2013

The City Council of La Porte City, Iowa met in regular session on August 26, 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 Jen Sparks, Jake Huck, Shawn O’Shea, Jolene Kronschnabel Mary Bader, Joel Bishop, Nancy Olson, Summer Wade, Laura Roussell, Eric Spellerberg, Shawn Mehlert, Corey Lorenzen, Shane Clark, Borge Johnson, Vi Niel and Diane McIntosh.

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

Moved by Norris, second by Butler to approve the CONSENT AGENDA including the August 12, 2013 Minutes, Disbursements totaling $83,125.36 and Public Works Report for July, 2013. Motion carried 5-0 with Craft abstaining from payments to Dutton, Braun, Staack & Hellman due to a conflict of interest.

City Attorney Corey Lorenzen reported that a deposition is not necessary in the Koopman matter and he will proceed with a motion for summary judgment in the case.  Regarding Item 8b, Lorenzen explained that currently, the City’s development ordinance has a conflict between the definitions of a manufactured home and the definition of a mobile home.  While the City’s definition of a manufactured home is compliant with the State and Federal definition, the definition of mobile home could be interpreted to not allow manufactured homes in the R-1 zoning district.  Restrictions of manufactured homes being allowed in zoning districts is prohibited by state law.  The City will need to update the definitions to eliminate the conflict so that the ordinance incorporates the State and Federal standards. Lorenzen also reviewed the proposed ordinance change in Item 8d regarding public consumption of alcohol in limited situations.

Library Director Jolene Kronschnabel presented the ANNUAL REPORT FOR HAWKINS MEMORIAL LIBRARY. For fiscal year 2013, the Library hosted 152 programs including book signings, story time, movies and crafts and adult education.  Attendance for these programs was nearly 3,700.  Circulation statistics show that 23,894 items were checked out of the library, with nearly 20,000 of those items checked out from La Porte City or Black Hawk County residents. Moved by Butler seconded by Craft to accept and place on file the annual report. Motion carried 5-0.

Jake Huck with MSA Professional Services updated the Council on street projects and change orders.  The Community Center parking lot has been prepped and the contractor expects to start pouring concrete by the end of the week.  It has been discovered that at least a portion of 2nd Street was originally paved without a gravel base layer.  The reconstruction of 2nd Street will require an additional 6” of stone base at an added cost of approximately $7,000 per block. Determination will be made on a block by block basis to see if it will be needed throughout the project. Overlay projects will also begin in the next few weeks with 1st and Adams Street scheduled for the week of September 9th.   Attempts will be made to coordinate with Union Schools to minimize construction interference with  school events, particularly home football games.  Huck also addressed the anticipated construction on Benton Street which will be an add-on change order for spot sewer repairs and asphalt overlay on Benton from Main to Lincoln Streets.  On Bishop Avenue, head-in parking for two apartment buildings is currently in the right of way and on the sidewalk in front of the buildings on Bishop Avenue that are both in violation of the City’s ordinance.  The Council will make a determination for a solution for those two areas at the next Council meeting.

Shawn O’Shea with MSA Professional Services presented the final draft of the DOWNTOWN REVITALIZATION PLAN.  The next step in the revitalization process is to pursue a Downtown Revitalization Façade Grant program from the State.  Deadline for the application is January, 2014. The City will see how much interest there is from local business owners to determine how to proceed with the grant. The Council will consider a resolution to adopt the revitalization plan at the next Council meeting.

Moved by Johnson, seconded by Craft to approve the PARK SHELTER RENTAL AGREEMENT for the new City park shelter.  The agreement sets forth the rules for renting the new park shelter.  Rental rate is $40.00 per day.  Motion carried 5-0.

Laura Roussell, Senior Program Manager with Black Hills Energy introduced members of her local team and gave a brief overview of the Black Hills operations in the community.

Moved by Johnson, seconded by Ortiz to forward to the Planning & Zoning Commission MANUFACTURED vs MODULAR HOME REQUIREMENTS for review and recommendation for changes. Motion carried 5-0.

The Council reviewed the scheduled activities for the PARK SHELTER DEDICATION EVENT.  The Lions Club will provide a large screen television to view the Iowa/Iowa State football game.  A ribbon cutting for the new shelter will take place at halftime.  In addition, La Porte City Fire/Rescue will serve pulled pork sandwiches and, with Council permission, attendees will be allowed to bring in their own beer and wine for consumption.

Moved by Craft, seconded by Johnson to approve the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA, CHAPTER 45.02(2), Public Consumption or Intoxication.”  The ordinance amends Chapter 45.02(2) of the City Code to allow consumption of beer and wine on public property by resolution of the Council for City festivals.  Roll call vote passed 5-0.  Moved by Norris, seconded by Johnson to suspend the rules requiring three readings and move to the third and final reading. Roll call vote passed 5-0 and Mayor Lubben declared Ordinance 478 adopted and effective upon publication.

Moved by Norris, seconded Ortiz to approve a “RESOLUTION APPROVING THE CITY OF LA PORTE CIY EMPLOYEE MANUAL”. The resolution approves the updated employee manual, last updated in 2004. Council member Craft questioned the City’s current phone usage policy and also suggested that the City consider added a section on computer and internet usage.  City staff will work to develop suggested changes for a future meeting. Roll call vote passed 5-0 and Mayor Lubben declared Resolution 13-76 adopted.

Moved by Norris, seconded by Craft to APPROVE REVISED ANTENNA LEASE AGREEMENT WITH RACOM.  The lease allows the placement of a bi-directional antenna on La Porte City’s water tower to assist public safety communications. Motion carried 4-0 with Johnson abstaining due to a conflict of interest.

The Council reviewed information on the PURCHASE OF NEW AMBULANCE.  Fire Chief Shane Clark reviewed the estimated cost of $129,650.00 for a 2013 E-450 168 Life Line ambulance.  The department would also like to purchase two power lift cots at a cost of $24,176.00.  La Porte City Fire Association has provided $14,000 towards the purchase. Once ordered, delivery would be expected in approximately six months. There is approximately $153,000 in equipment replacement fund for the ambulance department. Moved by Norris, seconded by Ortiz to approve purchase of the ambulance and two MX Power Pro Cots. Motion carried 5-0.

Moved by Craft, seconded by Butler to approve TRANSFER OF LIQUOR LICENSE from the La Porte City Veteran’s Hall the FFA Historical and Ag Museum for the Hot Soup Cool Bowls event.  Motion carried 5-0.

Moved by Butler, seconded by Norris to approve Mayor Lubben’s APPOINTMENT OF JON BARZ TO THE LA PORTE CITY UTILITIES BOARD OF TRUSTEES for a 6-year term. Motion carried 4-0 with Johnson abstaining due to conflict of interest.

Moved by Butler, seconded by Craft to adjourn at 8:30PM. Motion carried 5-0.

Jane Whittlesey, City Clerk

Rick Lubben, Mayor

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