City Council Proceedings (listed by date)

September 22, 2008
   The City Council of La Porte City, Iowa met in regular session on September 22, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council members Sarah Craft, Mike Spence and Jane Whittlesey present.  Absent were Council members Todd Butler and Kyle Jensson.  Also present were Jeff Larison, Sam Weich, Corey Lorenzen, Jim Ellis, Wendell Lupkes, David Murray, Roy Porter, Heather Schoenberger and Joe Schoenberger.
   Moved by Spence, seconded by Craft to approve the agenda and motion carried 3-0.
   Moved by Craft, seconded by Spence to approve the Consent Agenda, including the September 8 Minutes, Disbursements, Utilities Report, Clerk’s Report and Renewal of Beer Permit for Pronto Market.  Motion carried 3-0 with Whittlesey abstaining from approval of the disbursements to LPC Printing & Design.
   Butler arrived at 7:02 PM. 
   Public Works Director Weich reviewed department activity.  Mayor Lubben shared concerns from a business owner in the 300 block of Main Street regarding ongoing sewer odors and Weich reported he has televised and cleaned the main line several times and found no problems.  Mayor Lubben directed Weich to contact the owner about using a smoke bomb to determine the source of the problem.  Butler asked whether any options for improving the high dive ladder have been received and Weich responded he is still working with Cardinal Construction on this.  Moved by Whittlesey, seconded by Craft to approve the PUBLIC WORKS REPORT and motion carried 4-0.
   Moved by Butler, seconded by Spence to approve the TREASURER’S REPORTS for April, May and June 2008 and motion carried 4-0.
   Moved by Craft, seconded by Whittlesey to approve the July DEPUTY CLERK REPORT and table the August report, pending receipt of details and a timeline for the CRS program membership.  Whittlesey requested that pool expenses be included with the next report to compare with revenues already provided.  Motion carried 4-0. 
   Jim Ellis of VJ Engineering provided updates for ongoing projects.  He is working with the DNR on modifications to the wastewater treatment plant study and the east side drainage study should be completed in the next three weeks.  Mayor Lubben requested Ellis look at the log jam on Wolf Creek for discussion on possible cleanup options.
   Moved by Craft, seconded by Whittlesey to accept and approve the APPLICATION FOR REDUCED GARBAGE RATE and motion carried 4-0.  In accordance with action taken at the September 8 Council meeting, the City will issue a check to the Black Hawk County Treasurer for the difference between the full rate and the reduced rate on the amount previously assessed to the owner’s property tax bill. 
   Moved by Whittlesey, seconded by Craft to receive and place on file the RECOMMENDATION FROM PLANNING & ZONING to not vacate the alley located in Block 10 of the Railroad Addition, and motion carried 4-0.  After discussion on the reasons for the request to vacate and possible ordinance violations, it was moved by Craft, seconded by Spence to not set a date and time for public hearing to continue this matter further.  Motion carried 4-0.
   Moved by Whittlesey, seconded by Butler to receive, with regret, and place on file the RESIGNATION OF OFFICER SAM SHAFER effective October 11, 2008 and motion carried 4-0.
   Moved by Spence, seconded by Craft to approve “A RESOLUTION TO PROVIDE FOR BUILDING AND ELECTRICAL PERMIT REFUNDS TO FLOOD VICTIMS UPON APPLICATION AND COMPLETION OF RECONSTRUCTION PROJECT”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-47 adopted.
   Moved by Whittlesey, seconded by Craft to table the Resolutions for unpaid garbage and mowing fees so the language can be clarified and motion carried 4-0.
   Moved by Whittlesey, seconded by Spence to approve the REQUEST FOR REVOLVING LOAN FUNDS AND FINANCIAL INCENTIVES for the new hardware store and motion carried 4-0. 
   Moved by Whittlesey, seconded by Butler to adjourn the meeting at 7:55 PM and motion carried 4-0.
   Julie Petersen, City Clerk, CMC         Rick Lubben, Mayor

September 8, 2008
   The City Council of La Porte City, Iowa met in regular session on September 8, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Absent was Todd Butler.  Also present were Ken Benda, Bill Barnett, Don Heckroth, Jeff Davis, Heather Rose, David A. Murray, Bobby Schmitz, Jennifer Sparks, Larry Feaker and Sam Shafer.
   Moved by Craft, seconded by Spence to approve the Agenda with changes to the order of Old Business and New Business items and motion carried 4-0.
   Moved by Jensson, seconded by Craft to approve the CONSENT AGENDA including the August 25 Minutes, Disbursements and approval of Outdoor Service Area for Two Friends Tap.  After discussion on the location and size of the outdoor service area Craft withdrew her second and Jensson withdrew her motion.  Jensson then moved to approve the Minutes and Disbursements, and to approve the Outdoor Service Area application after staff confirms that it meets minimum service area requirements.  Craft seconded and motion carried 4-0.
   Moved by Whittlesey, seconded by Spence to approve the POLICE REPORT and motion carried 4-0.
   Moved by Jensson, seconded by Whittlesey to approve the POOL REPORT and forward it to the Recreation Sub-Committee to review recommendations provided by the Pool Manager, and motion carried 4-0.
   No one was present to discuss the 2009 Barbeque in the Park.
   Moved by Whittlesey, seconded by Jensson to approve the request from the Union High School Student Council to host the annual HOMECOMING BONFIRE on September 18, 2008, pending coordination of the event with the LPC Fire Department.  Motion carried 4-0.
   Moved by Spence, seconded by Whittlesey to approve NEW CITY HALL HOURS of 8:00 am - 4:30 pm except for those days where the office must stay open until 5:00 pm as required by law.  Motion carried 4-0.  The office will continue to be open over the lunch hour.
   Discussion was held on David Murray’s request to waive required GARBAGE SERVICE and outstanding fees.  Murray advised what he can not burn he hauls to the salvage yard.  Jensson stated that the system operates on the fact garbage services are provided to every resident in the community and she does not agree that individuals should be left to choose how they dispose of their garbage.  Craft added that considering the number of properties the city has had to clean up in the past, it would be wise to continue requiring garbage service and encouraged Murray to apply for a reduced garbage rate.  Moved by Jensson, seconded by Whittlesey that Murray’s outstanding, non-assessed garbage fees would qualify retroactively for the reduced garbage rate of $5.00 per month upon receipt and approval of an Application for Reduced Garbage Rate.  Motion carried 4-0. 
   Regarding the outstanding fees that have already been assessed against the property, Mayor Lubben advised the City cannot remove this assessment but could consider paying that portion of his taxes for him.  Theoretically the City would remit a check to the Black Hawk Co Treasurer for the assessment and the funds would then be returned to the City.  Moved by Spence, seconded by Craft that the City pay the difference between the full rate and the reduced rate on the assessed amount, conditional upon the Application for Reduced Garbage Rate being received and approved prior to the end of September.  Motion carried 3-1 with Jensson opposed. 
   Moved by Whittlesey, seconded by Craft to approve the LISTING AGREEMENT with Prudential One Realty Centre for the thirty lots in the Sweet First Addition and motion carried 4-0. 
   Moved by Whittlesey, seconded by Spence to approve the FIRST AMENDMENT TO OWNERS STATEMENT AND DEDICATION OF SWEET FIRST ADDITION, CITY OF LA PORTE CITY, BLACK HAWK COUNTY, IOWA and roll call vote passed 4-0.  The amendment removes the $2,500 development incentive payment. 
   Moved by Craft, seconded by Whittlesey to approve changes to the RESIDENTIAL PURCHASE AGREEMENT for lots in the Sweet First Addition and motion carried 4-0.   The change removes references to the $2,500 development incentive payment.
   Moved by Spence, seconded by Craft to approve “A RESOLUTION FURTHER DEFINING GOVERNMENTAL FUNCTION AS RELATING TO THE LA PORTE CITY FIRE DEPARTMENT”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-44 adopted.
   Moved by Craft, seconded by Whittlesey to approve “A RESOLUTION ESTABLISHING FEES FOR AMBULANCE SERVICE IN ACCORD WITH SECTION 35.18 OF THE LA PORTE CITY CODE OF ORDINANCES”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-45 adopted.
   Mayor Lubben reviewed the outcome of the September 4 work session to PRIORITIZE FLOOD BUYOUT PROPERTIES.  Sparks shared information on properties with substantial damage and advised those homeowners will be required to bring the home up to flood code regulations if the property is not bought out.  As part of FEMA’s review process, they will consider whether the proposed buyouts are cost effective, environmentally sound, and will resolve problems from a mitigation standpoint.  Sparks suggested the Council include everyone with substantial damage who applied and let the state filter out those who wouldn’t be top priorities.  Spence responded that if the City submits all of the applicants for buyout then the City needs to be prepared to pay the costs for all of those properties.  Craft asked whether information was available on how much property owners have been able to recoup through flood insurance and Sparks responded that information is not available for all applicants. 
   Discussion was also held on whether vacant lots adjoining potential buyout properties could be included on the Notice of Interest and Sparks responded that they could.  Mayor Lubben asked the Council if there was any interest in adding properties to the list compiled at the work session and Spence stated the vacant non-buildable lot adjacent to the 6^th ranked property on the prioritized list should be added. 
   raft reviewed a conversation she had with a member of the county board of supervisors regarding the decision to offer relocation and moving costs to owners approved for buyout.  Craft added that homeowners could be required to pay the 15% local contribution for those additional costs.
   After additional discussion on the state’s criteria for buyout consideration it was moved by Whittlesey, seconded by Craft that Property No. Ten (10) as shown on the original list of applicants be added to the 9^th ranked position on the list prioritized at the September 5 work session.  Motion carried 3-1 with Spence opposed.
   It was then moved by Craft, seconded by Whittlesey to approve “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE CITY, IOWA, AUTHORIZING THE MAYOR TO SIGN AND SUBMIT A NOTICE OF INTEREST AND THE REQUIRED ATTACHMENTS TO THE IOWA HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION (IHLSEMD) FOR HAZARD MITIGATION GRANT PROGRAM (HMGP) 1763 STRUCTURAL ACQUISITION FUNDS TO ACQUIRE ON A VOLUNTARY BASIS NINE OWNER-OCCUPIED RESIDENTIAL STRUCTURES SUBSTANTIALLY DAMAGED OR DESTROYED BY THE 2008 FLOODS”, and providing up to $10,000 in relocation housing allowance and up to $850 for moving expenses, with the 15% local match to be provided by the homeowner on these two expenses.  Jensson asked for clarification on what that means for the homeowner and Craft stated that for relocation housing allowance and moving expense FEMA will pay 75%, the state will pay 10% and the local contribution is 15%.  The homeowner will be required to cover the 15%, which means essentially they will receive only 85% of their approved relocation and moving costs.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-46 adopted.   Mayor Lubben agreed to draft a letter to all parties who expressed interest in the buyout program.
   Moved by Craft, seconded by Whittlesey to adjourn the meeting at 8:10 PM and motion carried 4-0.
   Julie Petersen City Clerk, CMC       Rick Lubben    Mayor

August 25, 2008
   The City Council of La Porte City, Iowa met in regular session on August 25, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were Jim Ellis, David Murray, Robert Burkgren, Phil Winther, Jennifer Sparks, Lori Shepard, Jeff Larison and Mary Johannsen. 
   Moved by Whittlesey, seconded by Jensson to approve the agenda and motion carried 5-0.
   Moved by Whittlesey, seconded by Craft to approve the CONSENT AGENDA, including the August 11 Minutes, Disbursements, Utilities Report, Clerk’s Report and Beer Permit Renewal for Main Street Pizza.  Jensson requested the minutes be revised to clarify the aid referred to under discussion of the BH Co Emergency Management meeting is “aid related to the June 2008 flooding”.  Motion to approve the Consent Agenda with the revision to the minutes passed 5-0, with Jensson abstaining on the disbursement to David Jensson for taser training.
   City Attorney Corey Lorenzen explained his position on allowing volunteer firefighters without CDLs to drive in the Festival of Trails parade.  A statement issued by the DOT notes that since volunteer fire departments depend upon the support of the public, participating in civic activities such as parades is a related governmental function and therefore exempts the drivers from the CDL regulations.  Mayor Lubben advised a resolution will be prepared for the next meeting to formally define the parade as a related governmental function. 
   The pool report was tabled as no information was available.
   oved by Craft, seconded by Spence to approve the PUBLIC WORKS REPORT and motion carried 5-0.
   Moved by Jensson, seconded by Whittlesey to approve the TREASURER’S REPORTS for January, February and March 2008 and motion carried 5-0.
   Moved by Jensson, seconded by Craft to approve the recommendation and cost estimate provided by the tree committee for PLANTING IN THE SWEET SUBDIVISION and motion carried 5-0.
   Moved by Whittlesey, seconded by Craft to approve the PROPOSED AMBULANCE BILLING POLICY CHANGE offering a ten percent discount if accounts are paid in full within thirty days and motion carried 5-0.
   David Murray requested that he be exempted from CITY GARBAGE SERVICE and that all outstanding fees be removed.  Murray stated he made his first request in June 2006 as he recycles his garbage and never has anything to be picked up.  Questions were raised by the Council on how the 2006 request was handled and how this property compares to another property within the city limits that does not receive city garbage service. Mayor Lubben agreed research needed to be done and this request would be acted upon at the September 8^th meeting.
   iscussion was held on the NOTICE OF INTEREST PROPERTY DATA INFORMATION required for the flood buyout program.  Mayor Lubben noted the local share of the buyout cost is 15%, which can be borne by the city and/or the property holders.  After discussion it was moved by Whittlesey, seconded by Spence that property owners seeking buyouts contribute one-third of the 15% required local contribution, calculated on 110% of the pre-flood assessed value of the property plus demolition costs.  In addition, those property owners with flood insurance will be required to contribute up to 15% of the combined 110% pre-flood assessed value plus the costs of demolition.  It was noted that flood insurance policies provide additional funds specifically for buyout-related costs.  Motion carried 5-0.  The Council also directed Sparks to contact all property holders who have expressed interest in the program to review the owner participation requirement, and to advise all bids or estimates for damages must be received by September 5 to be included on the Notice of Interest. 
   The Resolution Related to the Notice of Interest was tabled until the September 8 meeting.
   Sparks provided a verbal review of Joe Schoenberger’s REQUEST TO VACATE THE ALLEY near his property.  Moved by Butler, seconded by Craft to refer the request to Planning and Zoning and motion carried 4-0 with Whittlesey abstaining.
   Jim Ellis of VJ Engineering presented two contracts for CITY ENGINEERING SERVICES.  The first is an eight-week project to review site information and make recommendations related to EAST SIDE DRAINAGE.  Moved by Butler, seconded by Jensson to approve the contract at a cost of $13,500 and motion carried 5-0. 
   The second contract is for ONGOING ENGINEERING SERVICES including meeting attendance, answering questions related to engineering topics, development of cost estimates and construction schedules.  Services would be initiated by the City.  Moved by Craft, seconded by Spence to approve the Contract for Services for a six-month trial period, at a billing rate of $95/hour, with a change to the terms and conditions to include a right to terminate for any reason with thirty-days notice.  Motion carried 5-0. 
   Moved by Whittlesey, seconded by Jensson to approve the PLANNING GRANT AGREEMENT BETWEEN IOWA HOMELAND SECURITY & EMERGENCY MANAGEMENT DIVISION AND LA PORTE CITY, which provides federal funding to develop or update local hazard mitigation plans.  Motion carried 5-0.
   Moved by Whittlesey, seconded by Butler to approve the CONTRACT FOR SERVICES BETWEEN THE IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF LA PORTE CITY, for services necessary to complete the hazard mitigation plan.  Craft encouraged all council members to be involved as meetings are scheduled, as community participation counts as in-kind contributions when calculating the City’s 25% cost share.  Motion carried 5-0.
   Spence provided information on the features and maintenance costs related to the CITY’S WEBSITE and proposed changes and additions to make the site more manageable and user friendly.  The City currently pays $540 for annual site maintenance and hosting fees.  Spence Tech Solutions would charge $520 to re-design the site, with hosting fees of $25-$50 annually after the first year.  Site maintenance would be conducted by designated employees, thereby eliminating the maintenance fees currently charged to the City.  Moved by Craft, seconded by Butler to approve the design and administrative changes to the City website as proposed by Spence Tech Solutions, and motion carried 3-0 with Spence and Whittlesey abstaining. 
   Moved by Whittlesey, seconded by Craft to approve the “RESOLUTION APPROVING AND ADOPTING THE ANNUAL CITY STREET FINANCIAL REPORT FROM JULY 1, 2007 TO JUNE 30, 2008”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-41 adopted. 
   Moved by Jensson, seconded by Craft to approve a “RESOLUTION AUTHORIZING DESTRUCTION OF CITY RECORDS”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-42 adopted.  All records being destroyed are in accordance with recommendations in the Iowa Municipal Records Manual provided by the Iowa State Historical Department. 
   Moved by Whittlesey, seconded by Spence to approve “A RESOLUTION TO TRANSFER EQUIPMENT RESERVE AMOUNTS FOR FY 2009”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-43 adopted.  The resolution transfers the following amounts to the Equipment Replacement Fund for future purchases: from General Fund Police $15,000; from General Fund Fire $28,000; from General Fund Parks $7,500; from Equipment Replacement Fund Black Hawk Co Solid Waste Grant for Garbage $12,500; from Ambulance $20,000; from Sewer $15,000. 
   Moved by Butler, seconded by Whittlesey to adjourn the meeting at 8:37 PM and motion carried 5-0.
   Julie Petersen, City Clerk, CMC               Rick Lubben, Mayor

July 28, 2008
   The City Council of La Porte City, Iowa met in regular session on July 28, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were Corey Lorenzen, Sam Weich, Sherry Sheffler, Earlene McBride, Stuart Grote, Evan Shanley, Shawn Sheffler and Mary Johannsen. 
   Moved by Whittlesey, seconded by Craft to approve the agenda as presented with the deletion of the Deputy Clerk’s Report and motion carried 5-0.
   Moved by Jensson, seconded by Spence to approve the CONSENT AGENDA including the July 14 Minutes, Disbursements, Utilities Report and Clerk’s Report.  Motion carried 5-0 with Whittlesey abstaining from approval of the claims for La Porte City Printing & Design.
   Moved by Craft, seconded by Butler to approve the POOL REPORT and motion carried 5-0.
   Moved by Jensson, seconded by Craft to approve the PUBLIC WORKS REPORT and motion carried 5-0.
   Moved by Craft, seconded by Whittlesey to approve the MUSEUM REPORT and motion carried 5-0.
   Mayor Lubben recommended that KRISTI BUTLER be appointed to a five-year term on the  BOARD OF ADJUSTMENT.  Moved by Jensson, seconded by Spence to approve the recommendation and motion carried 4-0 with Butler abstaining.
   Public Works Director Weich reported he was contacted by Travis Pinken of the Iowa DOT regarding the SPRUCE STREET RAILROAD CROSSING.  Due to the limited use the DOT has suggested removing this crossing from the concrete upgrade program and instead working with the railroad to remove the timbers and replace with asphalt.  Moved by Whittlesey, seconded by Jensson to remove Spruce Street from the railroad crossing upgrade program and  motion carried 5-0.
   Discussion was held on options to ABATE A NUISANCE RELATED TO A TREE on private property that has fallen into a neighbor’s yard.  Moved by Jensson, seconded by Spence authorizing the Public Works Director to solicit bids and accept the lowest responsible bid for cleanup of the property.  Motion carried 5-0.
   Public Works Director Weich presented bids to REPLACE THE HEATING UNITS AT THE CITY SHOP with two 200,000 BTU hanging heaters.  Bids were received from St. Clair Plumbing, Heating, Cooling and Electrical for $3,493.64, and from Craft Plumbing and Heating in the amount of $3,691.70.  Moved by Whittlesey, seconded by Craft to accept the low bid from St Clair and motion carried 5-0. 
   Weich also asked the Council’s approval to make REPAIRS TO THE ROOF AT THE CITY SHOP.  The seams will be tightened and the entire roof re-painted at a cost of $1,150.00.  Moved by Craft, seconded by Whittlesey to approve the repairs for the amount stated and motion carried 5-0.
   Moved by Jensson, seconded by Craft to approve the LIONS CLUB REQUEST to block off the 200 block of Main Street from 11:00 am to 5:00 pm on Saturday, August 23^rd.  The street will be closed for the car show, with the City Parking Lot to be used as an overflow area if needed.  Motion carried 5-0. 
   Moved by Whittlesey, seconded by Butler to approve the three-year proposal from Ridihalgh, Fuelling, Snitker, Weber & Co for AUDIT SERVICES and motion carried 5-0.
   Moved by Craft, seconded by Spence to approve “A RESOLUTION SETTING SALARIES FOR NON-UNION EMPLOYEES OF THE CITY OF LA PORTE CITY, IOWA FOR FISCAL YEAR 2008-09”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-37 adopted.
   Moved by Whittlesey, seconded by Jensson to approve “A RESOLUTION TO TRANSFER TOWNSHIP FUNDS FOR FIRE EQUIPMENT”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-38 adopted.   The resolution transfers $3,083.30 from the General Fund to the Fire Dept account in the Equipment Replacement Fund. 
   Moved by Whittlesey, seconded by Craft to approve “A RESOLUTION TO TRANSFER FUNDS FROM THE LOW TO MODERATE INCOME FUND TO THE ECONOMIC DEVELOPMENT FUND”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-39 adopted.  The resolution transfers $985.00 for the City’s FY08 Housing Rehab match. 
   Moved by Spence, seconded by Whittlesey to approve “A RESOLUTION AUTHORIZING A NEW CITY BANK ACCOUNT AT CEDAR VALLEY BANK AND TRUST”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-40 adopted.  The new bank account is required to track USDA grant funds for the revolving loan program. 
   Moved by Butler, seconded by Jensson to adjourn the meeting at 8:20 PM and motion carried 5-0.
   Julie Petersen, City Clerk, CMC    Rick Lubben,  Mayor

June 9, 2008
   The City Council of La Porte City, Iowa met in regular session on June 9, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were Gene Ficken, Evan Shanley, Larry Feaker, Sam Shafer, Jennifer Sparks, Shawn Sheffler and Ben Fehl. 
   Moved by Craft, seconded by Whittlesey to approve the Agenda and motion carried 5-0.
   Gene Ficken, democratic candidate for House District 23, introduced himself to the Council and handed out brochures detailing campaign goals and contact information.  Ficken will host a Meet & Greet in the City Park Wednesday night and will also be part of the Festival of Trails parade Friday night.
   Shawn Sheffler, on behalf of the Lions Club, presented alternate plans for the FESTIVAL OF TRAILS parade route, fireworks, car show, car cruise and carnival parking if flooding continues through the end of the week.   Carnival parking would be relocated to the Sweet Subdivision and events will be re-routed or cancelled as necessary.
   Moved by Craft seconded by Jensson to approve the alternate plans as presented and motion carried 5-0. 
   Sheffler also recapped the May Party in the Park and thanked the City for its help.  At their June 23 meeting the Council will consider the Lions’ request to extend the hours for future events.
   Moved by Butler, seconded by Craft to approve the CONSENT AGENDA including the May 27 Minutes, Disbursements and Renewal of Thriftway Liquor License.   Motion carried 5-0 with Whittlesey abstaining from the payments to LPC Printing and Design.
   Moved by Craft, seconded by Whittlesey to approve the POLICE REPORT and motion carried 5-0.
   Moved by Whittlesey, seconded by Butler to approve the POOL REPORT and motion carried 5-0.
   Discussion was held on evaluations and goal setting for both union and non-union employees.  Salary recommendations for non-union employees will be presented at the June 23 meeting.
   Moved by Whittlesey, seconded by Butler to approve “A RESOLUTION SETTING SALARIES FOR UNION EMPLOYEES OF THE CITY OF LA PORTE CITY, IOWA FOR FISCAL YEAR 2008-09, PURSUANT TO THE AGREEMENT WITH TEAMSTERS LOCAL 238”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-30 adopted.
   he Resolution to transfer funds from TIF to the Low to Moderate Income Fund was tabled until the June 23 meeting, pending receipt of property tax collections for May.
   Moved by Whittlesey, seconded by Jensson to set the PAY RATE FOR THE PART-TIME SEASONAL POSITION at $8 per hour with no benefits and motion carried 5-0. 
   Moved by Butler, seconded by Craft to adjourn the meeting at 8:08 PM and motion carried 5-0. 
   Julie Petersen, City Clerk, CMC    Rick Lubben,  Mayor

May 27, 2008
   The City Council of La Porte City, Iowa met in regular session on May 27, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Mike Spence and Jane Whittlesey present.  Absent was Council Member Kyle Jensson.  Also present were Jim Ellis, Ronald Runyan, Sam Weich, Jennifer Sparks, Stuart Grote, Chad Van Dyke, Larry Feaker, Jeff Larison and Chad Meyer.
   Moved by Craft, seconded by Whittlesey to approve the Agenda and motion carried 4-0.
   Moved by Butler, seconded by Spence to approve the CONSENT AGENDA, including the May 12 Minutes, Disbursements, Utilities Report, Clerk’s Report and Treasurer’s Report.  A request was made that the Council be given a copy of the ICAP insurance letter related to deficiencies.  Motion carried 4-0 with Whittlesey abstaining from approval of the disbursements to LPC Printing & Design. 
   City Attorney Corey Lorenzen updated the Council on a meeting with Ament Engineering and also reviewed correspondence related to odor concerns near the Co-op.
   Moved by Whittlesey, seconded by Butler to approve the PUBLIC WORKS REPORT and motion carried 4-0.
   Moved by Craft, seconded by Spence to approve a “RESOLUTION ACCEPTING AND APPROVING THE FACILITY PLAN FOR EXISTING WASTEWATER TREATMENT PLANT AND COLLECTION SYSTEM, LA PORTE CITY, IOWA”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-25 adopted.
   Moved by Whittlesey, seconded by Butler to approve a “RESOLUTION AUTHORIZING SUBMITTAL TO THE IOWA DEPARTMENT OF NATURAL RESOURCES THE FACILITY PLAN FOR EXISTING WASTEWATER TREATMENT PLANT AND COLLECTION SYSTEM, LA PORTE CITY, IOWA”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-26 adopted.
   Mayor Lubben announced the date and time had arrived for the PUBLIC HEARING ON THE FISCAL YEAR 2008 BUDGET AMENDMENT.  Moved by Butler, seconded by Craft to open the public hearing and motion carried 4-0.  Moved by Spence, seconded by Butler to receive and place on file proof of publication and motion carried 4-0.  The Mayor called for written comments and none were received.  City Clerk Petersen recapped the reasons for the amendment, which include increased expenses for fuel, street maintenance supplies and public works wages due to snow removal and spring flooding.   Moved by Whittlesey, seconded by Craft to close the public hearing and motion carried 4-0.
   Moved by Whittlesey, seconded by Craft to approve “A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2008”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-27 adopted.
   Police Chief Feaker recommended the Council HIRE OFFICER ANDREW NISSEN to fill the vacancy in the Police Department.   Moved by Craft, seconded by Spence to hire Nissen at the hourly rate as approved in the union contract and motion carried 4-0.
   Moved by Whittlesey, seconded by Craft to RE-APPOINT MADELYN RIDGEWAY to the Planning & Zoning Commission for a term ending December 31, 2012, and motion carried 4-0. 
   Moved by Craft, seconded by Whittlesey to receive and place on file the recommendation from Planning & Zoning, along with the Commission’s minutes and written comments submitted by residents regarding the CLOSING OF SPRUCE STREET and motion carried 4-0.  P&Z recommends that Spruce Street remain open to vehicular traffic, and further suggests the Council address the public safety concerns in regard to farm vehicles and general traffic from Bishop Avenue to the rail crossing through possible lower speed limits or a weight/width embargo.  Mayor Lubben noted the Council must conduct a public hearing before taking any further action to close Spruce Street.  He then called for a motion to set the date and time for the public hearing.  Hearing no motion, Mayor Lubben announced there would be no further hearing and Spruce Street will not be closed to thru traffic at this time.
   Moved by Butler, seconded by Craft to approve THE FIREWORKS PERMIT application submitted by the Lions Club for the Festival of Trails and motion carried 4-0.
   Moved by Whittlesey, seconded by Butler authorizing the Lions Club to hold the FESTIVAL OF TRAILS CELEBRATION June 13-15 and motion carried 4-0.
   Moved by Spence, seconded by Craft to approve the “CHALK THE WALK” FUNDRAISER for Hawkins Memorial Library on Thursday, June 12 from 5-7 PM and motion carried 4-0. 
   Discussion was held on hiring a seasonal employee.  Whittlesey noted the public works staff currently spends 30-40 hours per week mowing city properties and that time could be better spent on street maintenance and other responsibilities.   Moved by Craft, seconded by Spence to approve advertising for a SEASONAL EMPLOYEE at an hourly rate to be established at the next meeting and motion carried 4-0.
   Moved by Whittlesey, seconded by Craft to approve “A RESOLUTION SETTING SALARIES FOR SEASONAL EMPLOYEES OF THE CITY OF LA PORTE CITY, IOWA”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-28 adopted.
   Moved by Craft, seconded by Butler to approve POOL STAFF POLICIES for lifeguard swim suits, training reimbursement, employee use of pool and Hepatitis B vaccinations and motion carried 4-0. 
   Approval of the Fire Dept Standard Operating Guideline relating to CDL Requirements was tabled until the next meeting. 
   Moved by Craft, seconded by Whittlesey to approve “A RESOLUTION OF THE CITY COUNCIL OF THss="MsoNormaeconded by Spence to approve the POLICE REPORT and motion carried 5-0.
   Moved by Butler, seconded by Craft to approve the DEPUTY CLERK’S REPORT and motion carried 5-0.
   Jim Ellis and Mike Saeugling of VJ Engineering reviewed the WASTEWATER COLLECTION AND TREATMENT FACILITY PLAN.  The Plan was prepared in response to new regulations related to water quality and addressed the collection system, influent lift station, sludge storage/treatment and effluent disinfection.  The Council will review the Plan and will consider a resolution at the May 27 meeting to approve the recommendations and authorize submission of the Plan to the DNR for approval.
   Moved by Butler, seconded by Whittlesey to refer to Planning & Zoning the RECOMMENDATION TO VACATE AND CLOSE SPRUCE STREET and motion carried 5-0
   Moved by Jensson, seconded by Butler to approve “A RESOLUTION TO TRANSFER FUNDS FROM TIF AND CAPITAL PROJECT<<,,<,,,,klhoghiugiubben declared Resolution #08-22 adopted.  The Resolution transfers $93,789.50 from the TIF Fund and $30,000 from the Aquatic Center Capital Project Fund to Debt Service for the pool bond payment due June 1.
   Moved by Jensson, seconded by Craft to approve “A RESOLUTION TO TRANSFER FUNDS FROM ROAD USE TAX RESERVES TO DEBT SERVICE”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-23 adopted.  The Resolution transfers $46,909.00 for the Sweet Subdivision bond payment due June 1.
   Moved by Craft, seconded by Spence to approve “A RESOLUTION APPROVING AN ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE CITY, IOWA AND LA PORTE CITY FORD LLC D/B/A WITHAM AUTO CENTERS”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-24 adopted.
   Moved by Craft, seconded by Whittlesey authorizing the Mayor to sign the Memorandum of Understanding with the Iowa Department of Administrative Services for PARTICIPATION IN THE INCOME OFFSET PROGRAM.  The Program allows the State of Iowa to assist the City in collecting certain debts owed to it by redirecting State payments due to individuals (e.g., income tax refunds, lottery winnings, etc.)  to satisfy those debts owed to the City by those individuals.  Motion carried 5-0.
   Moved by Whittlesey, seconded by Craft to adjourn the meeting at 8:15 PM and motion carried 5-0. 
   Julie Petersen, City Clerk, CMC         Rick Lubben, Mayor

April 28, 2008
  The City Council of La Porte City, Iowa met in regular session on April 28, 2008.   Mayor Rick Lubben called the meeting to order at 7:00 PM with Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were Sam Weich, Corey Lorenzen, Oleen Arenholz, Monte Snyder, Jerry Jackson, Elzie Lee Jr, Thomas Juhl, David Williams, Cliff McFarland, Dennis Grimm, Gary Murphy, Stuart Grote and Chad Van Dyke. 
  Moved by Jensson, seconded by Craft to approve the Agenda and motion carried 4-0.
  Council Member Todd Butler arrived at 7:01 PM. 
  Dennis Grimm requested the City provide pumps to move water that has accumulated north of the detention area along Hwy 218, and Public Works Director Weich responded a pump will be provided.  Mayor Lubben noted the City is currently in discussions with the engineering firm that constructed the berm, as there are concerns with the depth of the detention area and the opportunity for flood waters to flow over the berm. 
  Moved by Whittlesey, seconded by Craft to approve the CONSENT AGENDA including the April 14 Minutes, Disbursements, Utilities Report and Clerk’s Report.  Motion carried 5-0.
  City Attorney Lorenzen updated the Council on his conversations with Ament, Inc related to the concerns with the detention basin, and noted he is working with the engineer and City staff to determine the next course of action. 
  Moved by Jensson, seconded by Spence to approve “A RESOLUTION RESCHEDULING THE REGULAR DATE OF THE SECOND COUNCIL MEETING IN MAY 2008”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-21 adopted.  The resolution changes the May 26 meeting date to May 27 due to the Memorial Day holiday. 
  Moved by Craft, seconded by Whittlesey to approve the PUBLIC WORKS REPORT and motion carried 5-0.
  he Treasurer’s Report was tabled.
  iscussion continued on placement of the proposed VETERAN’S MEMORIAL.  Monte Snyder provided an overhead view of the garden area next to the Museum to show the space needed for the monuments and concrete pads.  Butler noted the overhead view provides the information the Council requested to confirm there is adequate space for the project.  Jensson stated she likes both the existing garden area and the proposed memorial and doesn’t want the Council to have regrets later on about giving up some of the garden space.  Mayor Lubben noted the Council previously approved locating the Veterans Memorial at the corner of Main & Chestnut Streets subject to an acceptable design and the question now is whether the Council believes there is adequate space based on the information presented.  Moved by Spence, seconded by Butler that the design as generally presented is acceptable.  Whittlesey questioned whether this means the Memorial Committee is given the 30 x 30 space and can do what they want from here.  Mayor Lubben responded that details will need to be worked out regarding the spacing of the monuments, addition of flagpoles, etc.  Butler added that it should be noted the City will have the responsibility of maintaining this area and therefore the final design should not create a lot of extra time for the City staff.   Motion carried 5-0.
  Discussion was held on options to upgrade the SPRUCE STREET RAILROAD CROSSING or close the street to thru traffic.  Moved by Butler, seconded by Jensson to set May 27, 2008 at 7:00 PM as the date and time for the public hearing to close Spruce Street at the railroad crossing.  Whittlesey questioned whether the crossing will remain open to bike and pedestrian traffic.  This question, along with concerns about pedestrian access on the Sycamore Street crossing, will be discussed when railroad representative Rod Tudor visits La Porte City on May 13.  Mayor Lubben agreed to contact the Coop to make them aware of the hearing.  Motion carried 5-0.
  Moved by Craft, seconded by Jensson approving the DONATION of one LA PORTE CITY AQUATIC CENTER FAMILY SEASON PASS to the local Girl Scouts troops 304 & 605 for a fundraiser.  Concern was noted with setting a precedent and Mayor Lubben responded if at some point the Council feels overwhelmed with requests, they will have to respond accordingly.  Motion carried 4-1 with Whittlesey opposed.
  The Council reviewed the quote from La Porte City Telephone Co for NEW TELEPHONE EQUIPMENT AND SYSTEM in City Hall and the Police Dept.  Moved by Craft, seconded by Whittlesey to approve the proposal and motion carried 4-0 with Jensson abstaining.
  Moved by Butler, seconded by Spence to set the DATE AND TIME FOR PUBLIC HEARING ON THE FY08 BUDGET AMENDMENT as May 27, 2008 at 7:00 PM.  Motion carried 5-0.
  Moved by Whittlesey, seconded by Craft to adjourn the meeting at 8:13 PM and motion carried 5-0.
  Julie Petersen, City Clerk, CMC                  Rick Lubben, Mayor

April 14, 2008
  The City Council of La Porte City, Iowa met in regular session on April 14, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson and Mike Spence present.  Absent was Council Member Jane Whittlesey.  Also present were Sam Shafer, Oleen Arenholz, Chad Van Dyke, Jerry Jackson, Terri Calhoon, David Williams, Shelly Hopkins, Cliff McFarland, Caitlan Schoenberger, Donald L. Huck, Sherry Sheffler, Stuart Grote, Evan Shanley, Monte Snyder and Gary Murphy.
  Moved by Jensson, seconded by Craft to approve the Agenda and motion carried 4-0.
  Moved by Butler, seconded by Spence to approve the CONSENT AGENDA, including the Minutes of March 24 and March 31, Disbursements, February Clerk’s Report, Renewal of Liquor License for Two Friends Tap and Approval of Beer Permits for the Lions Club May 16 Party in the Park and Festival of Trails.  Motion carried 4-0.
  Several guests were present for discussion on the proposed VETERANS MEMORIAL.  The memorial would include five monuments, a flag, benches and a brick walkway.  David Williams, on behalf of the memorial committee, shared photographs showing the placement of actual-size wood cut-outs in the garden area next to the Museum on Main Street.  It was noted that the memorial committee considered several locations before agreeing that this area was the most feasible, offered high visibility and would help bring people to downtown.  Sherry Sheffler, on behalf of the Museum Board, shared concerns with changing the garden that has developed and provides the only green space on Main Street.  She questioned why the committee wouldn’t want to create a new asset instead of tearing up one that already exists.
  Questions also were raised about who would be responsible for maintaining the memorial including mowing, weeding, trimming, etc.  Don Huck responded that since this is on City property he believed the City would have that responsibility.  Mayor Lubben added that under the City’s current lease agreement Oleen Arenholz maintains the property, and once that agreement ends the City will be responsible for maintenance. 
  Spence asked how the committee decided on the 30’ x 30’ dimension and Williams responded they only wanted to use a small piece of the lot, which measures 40’ x 70’.  Huck added that compared to what other towns have, this memorial is downsized considerably.  Craft questioned whether it might be downsized too much and the committee members felt it was appropriate.
  Council Member Whittlesey arrived at 7:16 PM.
  Discussion was held on the existing trees and Mayor Lubben clarified the soft maple would be removed because the bark is splitting, and the pine tree would be removed as its growth will eventually interfere with one of the monuments.  Huck suggested the monuments could be placed closer together to provide easier access to the rest of the garden.  Monte Snyder, who created a conceptual drawing for the committee, offered to draw a blueprint that would provide an overhead view of the entire area.  Whittlesey asked the committee if they were happy having the orange exterior of the Museum as their backdrop, and Snyder suggested he had ideas for improving that side of the building.   Snyder added that since moving his business onto Main Street he has been impressed with the work of the Garden Club members who do a fantastic job with the sidewalk planters and the parks. 
  Mayor Lubben questioned the fundraising plan and the committee stated they would not begin the building phase until adequate funds have been raised.  Jensson suggested taking Snyder up on his offer to create an overhead blueprint showing detail of the bricks, benches and monuments.  It was then moved by Jensson, seconded by Spence to approve the location of the Veterans Memorial at the corner of Main & Chestnut Streets, subject to receipt of an acceptable design.  Craft questioned whether the Council was prepared to commit to this location without knowing how much space it will take and whether a larger area is needed to do justice to the project.  Whittlesey responded that if the Council determines the project is too big based on the final blueprint, they can change the location at that time.  Motion carried 5-0.
  Moved by Whittlesey, seconded by Butler to approve the POLICE REPORT and motion carried 5-0.
  Moved by Whittlesey, seconded by Craft to approve the DEPUTY CLERK’S REPORT and motion carried 5-0.
  Pool Manager Evan Shanley presented a POOL REPORT including information on cost-saving proposals, early-closing procedures, concessions and staffing.  This season parents or guardians will be required to sign a Membership Agreement acknowledging the pool rules and schedules before season passes will be issued.  Discussion was held on closing the waterslide during periods of low attendance, which would help reduce periods of overstaffing.    It was moved by Butler, seconded by Whittlesey that if attendance drops below twenty-five people in the last hour of the daily sessions, either afternoon or evening, the waterslide may be closed for the rest of that session.  Motion carried 5-0.  Shanley will include information regarding the impact of this change in his monthly reports to the Council.
  It was then moved by Craft, seconded by Whittlesey to approve the Rules and Procedures handout that will be provided to pool patrons and motion carried 5-0.  Discussion was held on offering additional food items at the concession stand and Shanley was directed to look into options for pizza, hotdogs and popcorn and bring specifics to the next meeting.
  Museum Board President Sherry Sheffler reported the Museum officially opens April 15 and FFA students have been working with Mr. Beck to put together educational presentations for the lower level.  Sheffler reported on a number of grants they have received, including a $1,500 grant from Pioneer Seed Corn to be used for story boards and displays; a Guernsey Grant to be used for educational equipment including a laptop, projector, and screens; a McElroy Grant which will cover admission fees for approximately eight hundred K-8^th graders from LPC and Dysart to tour the Museum.  An application has also been made to the Black Hawk County Gaming Association for funds to build a storage shed.  Other projects before the Board include continued work on the old fire station, creation of a new website, and sealing the interior brick wall at the Main Street Museum to prevent problems with dust and humidity.  Sheffler also reported that the Museum was accepted as a new partner with Silos and Smokestacks and was recognized at a luncheon last week.  The Council was invited to return to the Museum and see all that has changed since their budget workshop earlier this year.  Moved by Whittlesey, seconded by Jensson to approve the MUSEUM REPORT and motion carried 5-0.
  Moved by Spence, seconded by Craft to approve “A RESOLUTION APPROVING THE STANDARD OPERATING GUIDELINES FOR THE LA PORTE CITY FIRE RESCUE DEPARTMENT”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-17 adopted.  The Resolution approves SOG numbers 001, 008 and 011.
  Mayor Lubben reported he and Public Works Director Sam Weich met with representatives of the DOT and the railroad to review the CROSSINGS AT CEDAR, BISHOP, SPRUCE AND EIGHTH, which will be upgraded with concrete in the summer of 2009.  At this meeting there was some discussion about closing Spruce to thru traffic, which could result in additional funding for the City to further improve other crossing areas.  Closing Spruce Street could also alleviate problems with the railroad backing up railcars so close to the Bishop crossing.  The Council was asked to consider this option for further discussion at the next meeting.
  Shelly Hopkins, representing Two Friends Tap, requested the Council’s permission to close the 200 block of Main Street on Saturday, July 19, from noon to midnight to host a “BEER ON THE BRICKS” EVENT.  This would coincide with the Lions Club Barbeque in the Park and would include a motorcycle show and live band.  Hopkins noted she discussed the matter with Police Chief Feaker, who advised she would need to provide extra security, an amendment to her liquor license to permit outdoor sales, and insurance coverage listing the City as an additional insured.  LPC Utilities would also need to be contacted to coordinate outside power needs.  A portion of the proceeds would be donated to the Veterans Memorial fund with the balance going to the Livestrong Foundation.  Hopkins added the Lions Club is supportive of the idea, as it is an opportunity to bring more people to the community for both events.  Moved by Jensson, seconded by Craft to approve the request subject to approval by the Police Chief and motion carried 5-0.
  The Council reviewed the Development Agreement providing an interest subsidy to La Porte City Ford, L.L.C. and it was noted the termination date shown in Section 4 should be changed from June 30, 2008 to June 30, 2009.  Moved by Whittlesey, seconded by Spence to approve “A RESOLUTION APPROVING A TAX INCREMENT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LA PORTE CITY, IOWA, AND LA PORTE CITY FORD LLC D/B/A WITHAM AUTO CENTERS”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-18 adopted. 
  Moved by Whittlesey, seconded by Butler to approve a “RESOLUTION OF THE LA PORTE CITY COUNCIL AUTHORIZING AN APPLICATION TO THE USDA RURAL BUSINESS ENTERPRISE GRANT PROGRAM AND COMMITTING MATCHING FUNDS”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-19 adopted. 
  Moved by Jensson, seconded by Craft to approve “A RESOLUTION OF THE CITY OF LA PORTE CITY, IOWA, APPROVING THE ESTABLISHMENT OF THE LA PORTE CITY REVOLVING LOAN FUND 5*5*5 PROGRAM”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-20 adopted. 
  Discussion was held on additional penalties, including jail time, for a REPEAT OFFENDER OF THE CITY’S JUNK ORDINANCE.  There were no objections to the City Attorney requesting jail time for the next offense.
  Discussion was held on CITY REPRESENTATION AT THE FUNERAL SERVICE FOR FORMER LPC POLICE CHIEF BUD HOGGARD who passed away on April 11.  Hoggard will be buried in Arlington National Cemetery and services are scheduled for June 19.  Moved by Whittlesey, seconded by Jensson that the City cover travel expenses for Police Chief Feaker to attend the service and motion carried 5-0.
  Moved by Whittlesey, seconded by Butler to adjourn the meeting at 9:11 PM and motion carried 5-0.
  Julie Petersen , City Clerk, CMC            Rick Lubben, Mayor

March 31, 2008
   The City Council of La Porte City, Iowa met in special session on March 31, 2008.  Mayor Rick Lubben called the meeting to order at 5:40 PM with Council Members Todd Butler, Sarah Craft, and Mike Spence present.  Absent were Council Members Kyle Jensson and Jane Whittlesey.  Also present were Andrea Lubben and Lindsay Lewis.
   Moved by Butler, seconded by Craft to approve the Agenda and motion carried 3-0.
   City Clerk Petersen, on behalf of the La Porte City Economic Development Commission, reviewed the Commission’s work on FINANCIAL INCENTIVES for the building expansion at Dick Witham’s Hwy 218 auto dealership location.  The group considered revolving loans or tax rebates and also contacted Black Hawk Economic Development Corporation (“BHEDC”) for their assistance.  Petersen reported it is the recommendation of the La Porte City Commission that the City subsidize the interest on a $100,000 loan that will be made by BHEDC to Witham.  Interest will be calculated at five percent (5%) per annum and will be paid using increased tax revenues generated by the building improvements.  BHEDC initially offered a loan term of five years; however Witham requested an extension up to ten years.  At the time of the Council meeting no final information regarding the term was available.  The length of time the City would subsidize the interest on any loan will be limited to the length of the term of the loan made between BHEDC and Witham. 
   Moved by Spence, seconded by Craft to approve the recommendation that the CITY SUBSIDIZE THE FIVE PERCENT INTEREST ON A LOAN made by BHEDC to Witham, for a period not to exceed ten years.  Motion carried 3-0.  Petersen will contact the City’s attorney to begin work on the Development Agreement.
   Moved by Butler, seconded by Spence to adjourn the meeting at 5:50 PM and motion carried 3-0.
   Julie Petersen, City Clerk, CMC        Rick Lubben, Mayor

March 24, 2008
   The City Council of La Porte City, Iowa met in regular session on March 24, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft and Mike Spence present.  Absent were Kyle Jensson and Jane Whittlesey.  Also present were Corey Lorenzen, Toni Benda, Jeff Larison, Stuart Grote and Sam Shafer.
   Moved by Craft, seconded by Butler to approve the Agenda and motion carried 3-0.
   Toni Benda requested that when the fire department’s water ball fights are scheduled this year they not be allowed on Third Street.  Benda shared concerns with noise and garbage following last year’s event.
   Moved by Butler, seconded by Spence to approve the CONSENT AGENDA including the March 10 minutes, disbursements, utilities report and Class B Beer Permit Renewal for Joensy’s.  Motion carried 3-0.
   Jensson arrived at 7:04 PM.
   Ambulance Assistant Julie Grote shared details of a DISASTER SHELTER TRAINING SESSION that will be held April 26 at Union High School.  The training will be conducted by the American Red Cross and will begin at 8:30 AM.  Participants will include fire department members, city and utilities officials and Black Hawk Co Emergency Management personnel.
   City Attorney Corey Lorenzen reviewed the Fire Dept Standard Operating Guideline regarding borrowing equipment.  According to the state statute regarding conflict of interest, unless the department member is using the equipment while operating under uniform or under badge and has prior permission from the City, they cannot borrow equipment from the department.  Bunker gear could be used for participating in area water ball fights, but tools, chairs, roasters, etc could not be borrowed for personal use.
   Lorenzen advised he is waiting for information from Ament Inc regarding the berm constructed as part of the Sweet Subdivision project.  The berm was to be built to specifications for a 100-year flood, but the recent snow melt raised questions as to whether it was constructed to 100-year flood standards.  Discussion was also held on the need for a deed to identify an easement for utility purposes along the Timmer property.
   Lorenzen also noted that information on the violations for the property along Hwy 218 North is in the hands of the appropriate county officials.  Jensson suggested it may be helpful to have documentation of all of the City’s efforts in resolving this matter.
   No Public Works Report was available.
   Moved by Jensson, seconded by Craft to approve the TREASURER’S REPORT and motion carried 4-0.
   Moved by Craft, seconded by Spence to approve the DEPUTY CLERK’S REPORT and motion carried 4-0.
   Moved by Jensson, seconded by Craft to receive and place on file and accept with regret the RESIGNATION OF OFFICER MARK NISSEN.  Motion carried 4-0.
   Butler reported the Parks & Recreation committee met with Mayor Lubben to discuss the pool manager position.  Butler recommended the City hire Evan Shanley for the position and reviewed the committee’s expectations for the pool manager.  Discussion was also held on time off, staffing and scheduling.  Moved by Craft, seconded by Spence to HIRE SHANLEY AS THE POOL MANAGER FOR 2008 and motion carried 4-0.  It was then moved by Jensson, seconded by Spence that the 2008 Pool Manager Expectations document, including updates by the Parks and Recreation committee, be signed and dated by the manager upon his acceptance of the position and motion carried 4-0.
   Moved by Spence, seconded by Butler authorizing the purchase of a CD of the CITY’S CODE OF ORDINANCES to add to the City website and motion carried 4-0.
   Moved by Craft, seconded by Jensson to renew the City’s GENERAL INSURANCE POLICY with EMC through La Porte City Insurance and motion carried 4-0.
   Mayor Lubben reviewed a request to use the Community Center as a meeting site for an ALZHEIMER’S AND DEMENTIA CAREGIVER SUPPORT GROUP.  The group would meet monthly in the late afternoon.  The Council identified this as a positive community service and it was moved by Jensson, seconded by Butler to waive the rental fee for twelve months.  Motion carried 3-1 with Craft opposed.
   Moved by Jensson, seconded by Craft to adjourn the meeting at 8:10 PM and motion carried 4-0.
   Julie Petersen, City Clerk, CMC         Rick Lubben, Mayor

March 10, 2008
   The City Council of La Porte City, Iowa met in regular session on March 10, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Absent was Todd Butler.  Also present were Shawn Sheffler, Roy Porter, Shane Clark, Larry Feaker, Sam Shafer and Stuart Grote.
   Mayor Lubben stated New Business items b, c and d would be moved to follow Department Reports and it was moved by Craft, seconded by Jensson to approve the Agenda.  Motion carried 4-0.
   Moved by Jensson, seconded by Spence to approve the CONSENT AGENDA, including the February 25 Minutes and the Disbursements.  Motion carried 4-0.
   Moved by Whittlesey, seconded by Craft to approve the POLICE REPORT and motion carried 4-0.
   The Deputy Clerk’s Report was tabled until the March 24 meeting.
   Discussion was held on the sale of the old ambulance.  Fire Chief Shane Clark reported he has received calls from potential buyers and questioned whether the Council must review all offers.  Moved by Jensson, seconded by Spence authorizing Fire Chief Shane Clark to use his best judgment in negotiating the SALE OF THE OLD AMBULANCE and motion carried 4-0.
   The Council reviewed the Bill for Service related to the December 11, 2007 trash fire at the City’s yard waste disposal site.  The bill was presented to the City pursuant to Fire Department policy and procedure.  Moved by Whittlesey, seconded by Jensson to receive and place on file the BILLING FROM LPC FIRE RESCUE and motion carried 4-0.  No further action was taken on the matter.
   Moved by Jensson, seconded by Spence to table the RESOLUTION APPROVING FIRE RESCUE STANDARD OPERATING GUIDELINES 001, 008 and 011 until modifications could be made and motion carried 4-0.
   Discussion was held on the ORDINANCE AMENDMENT RELATING TO THE PLANTING OF TREES in the City right of way.  Moved by Jensson, seconded by Spence to defer action on the matter until additional amendments can be prepared and motion carried 4-0.  Changes requested by the Council include:  (1) amend City Code chapter 151.03 to include an application fee for planting trees in the City right of way.  This fee will offset costs to record the application with the Black Hawk Co Recorder’s Office.  (2)  amend City Code chapter 151.03 to include a penalty provision for property owners planting trees in the right of way without City approval.  (3) amend City Code chapter 151.05 to include the requirement that property owners will be responsible for removal of trees planted in the right of way from this point forward.  (4) amend the tree planting application to include information required by and in a format acceptable to the Black Hawk Co Recorder’s Office.
   Lions Club member Roy Porter requested the Council’s permission to host a BARBEQUE IN THE CITY PARK July 19^th and 20^th this year.  The event will be sanctioned by the Iowa Barbeque Society and the Kansas City Barbeque Society.   Porter reported twelve teams have committed to the event and they have room for a total of twenty-six.  Walnut Street would remain open for the event and the Lions Club will be responsible for cleanup afterwards.
   Lions Club member Shawn Sheffler was also present to request the Council’s permission to host PARTIES IN THE PARK ON MAY 16 AND AUGUST 8.  The Lions Club will provide a band and would like a keg beer trailer that would operate with the wrist band system, similar to the Festival of Trails.  Local groups would be encouraged to offer food stands.  Tentative plans are to host the events from 5-10 pm, with the band shutting down at 9:30.  Discussion was held on parking, barricades, police personnel, beer permits, insurance and possible concerns from residents in the area.  Moved by Jensson, seconded by Whittlesey to approve the plans and reserve the park for the May, July and August activities as presented by the Lions Club.  Motion carried 4-0.
   Moved by Whittlesey, seconded by Craft to approve CHANGE ORDER #2 totaling $19,993.00 for the SWEET SUBDIVISION PROJECT and motion carried 4-0.
   Moved by Whittlesey, seconded by Craft to approve “A RESOLUTION APPROVING AND ACCEPTING THE CONSTRUCTION OF THE SWEET SUBDIVISION, FIRST ADDITION, LA PORTE CITY, IOWA”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-14 adopted.
   Moved by Craft, seconded by Whittlesey to approve CHANGE ORDER #2 totaling $948.19 for the SWEET LIFT STATION PROJECT and motion carried 4-0.
   Moved by Whittlesey, seconded by Jensson to approve “A RESOLUTION APPROVING AND ACCEPTING THE SWEET SUBDIVISION LIFT STATION, FORCE MAIN AND SEWER PROJECT”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-15 adopted.
   Moved by Jensson, seconded by Spence to approve “A RESOLUTION TO TRANSFER FUNDS FROM THE AMBULANCE FUND TO THE EQUIPMENT REPLACEMENT FUND, TO REPAY AN INTERFUND LOAN”.  Roll call vote passed 4-0 and Mayor Lubben declared Resolution #08-16 adopted.  The resolution transfers $41,374.80 from the Ambulance Fund to the Fire Reserves in the Equipment Replacement Fund, and $62,140.09 from the Ambulance Fund to the Black Hawk Co Grant Reserves in the Equipment Replacement Fund.
   Moved by Craft, seconded by Whittlesey to adjourn the meeting at 8:05 PM and motion carried 4-0.
   Julie Petersen, City Clerk, CMC       Rick Lubben, Mayor

February 25, 2008
   The City Council of La Porte City, Iowa met in regular session on February 26, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were David Williams, Donald Huck, Sam Weich, Jeff Larison, Corey Lorenzen, Teri Calhoun, Brad Jaquith, and Ryan DeSousa.
   Moved by Whittlesey, seconded by Craft to approve the Agenda and motion carried 5-0.
   Moved by Jensson, seconded by Butler to approve the CONSENT AGENDA including the minutes of February 11, disbursements, utilities report and clerk’s report.  Motion carried 5-0.
   City Attorney Corey Lorenzen reported he has nothing pending for the City at this time.
   Moved by Craft, seconded by Jensson to approve the PUBLIC WORKS REPORT and motion carried 5-0.
   Moved by Whittlesey, seconded by Butler to approve the TREASURER’S REPORT and motion carried 5-0.
   The Council gave their support of an artist’s sketch for the PROPOSED LPC VETERAN’S MEMORIAL and directed the group to discuss their plans with Oleen Arenholz, who maintains the lot for the City, and with the Lions Club regarding placement of the Festival of Trails stage.  Tentative plans are to start the project this fall with completion some time next year.
   Mayor Lubben announced the date and time had arrived for the PUBLIC HEARING ON THE CITY BUDGET FOR FISCAL YEAR 2008-09.  Moved by Jensson, seconded by Spence to open the hearing and motion carried 5-0.  Moved by Butler, seconded by Craft to receive and place on file proof of publication and motion carried 5-0.  Mayor Lubben called for oral comments and the clerk reviewed the tax levy and department budgets as approved during the budget workshops.  The Mayor then asked for written comments and it was moved by Craft, seconded by Whittlesey to receive and place on file the memo from Museum Board President Sherry Sheffler noting concerns with revenue contributions budgeted to help cover the cost of the new Director’s position.  Motion carried 5-0.  Mayor Lubben stated he thinks the Museum staff and volunteers do a great job, he understands their request to add a part-time director to the budget, and he believes sharing the expense for the new position is a prudent way to address this.  It was then moved by Whittlesey, seconded by Jensson to close the hearing and motion carried 5-0.
   Moved by Craft, seconded by Spence to approve a Resolution for the “ADOPTION OF BUDGET AND CERTIFICATION OF CITY TAXES FOR FY 2008-09”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-07 adopted.  The City tax levy for FY 09 will be $14.9060 per thousand dollars of taxable valuation, compared to a levy of $14.9143 for the current year.  General Fund Expenses total $1,158,810, an increase of $8,411 over the current year, and expenses for all Funds total $2,480,153, a decrease of $589,683.  Factors contributing to this decrease include completion of the Sweet Subdivision and the Housing Rehab Program, and a planned reduction in capital equipment purchases.
   Moved by Jensson, seconded by Craft to approve a Resolution for the “ADOPTION OF THE LPC UTILITIES BUDGET FOR FY 2008-09”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-08 adopted.
   Moved by Spence, seconded by Whittlesey to approve “A RESOLUTION INCREASING FEES FOR MOSQUITO SPRAYING SERVICES IN ACCORD WITH SECTION 57.2 OF THE LA PORTE CITY CODE OF ORDINANCES”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-09 adopted.  The Resolution increases the annual fee for mosquito spraying from $3.00 to $3.60, payable with the utility bill for the period of May 16, 2008 – June 15, 2008.
   Moved by Jensson, seconded by Craft to introduce and pass the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF LA PORTE CITY, IOWA, BY AMENDING CHAPTER 106, SECTION 8, FEES FOR COLLECTION OF SOLID WASTE”.  Roll call vote passed 5-0.  Mayor Lubben called for further action on the matter, and it was moved by Jensson, seconded by Spence to suspend the rules requiring three readings and pass the amendment.  Roll call vote passed 5-0 and Mayor Lubben declared Ordinance #435 adopted and effective upon publication.
   Moved by Craft, seconded by Butler to approve “A RESOLUTION AMENDING AND ESTABLISHING THE FEES FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICE AND FOR RECYCLABLES COLLECTION AND DISPOSAL, FOR SINGLE- AND MULTIPLE-FAMILY DWELLINGS”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-10 adopted.  The Resolution increases residential garbage fees from $10 to $11 per month and adds a residential recycling fee of $1 per month, both effective with the June 15, 2008 utility billing. 
   Moved by Whittlesey, seconded by Spence to approve “A RESOLUTION SETTING A SCHEDULE OF FEES FOR THE LA PORTE CITY SUMMER RECREATION PROGRAM”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-11 adopted.
   Moved by Jensson, seconded by Spence to approve the proposed APPLICATION FOR TREE PLANTING IN PUBLIC RIGHT-OF-WAY and motion carried 5-0. 
   Moved by Butler, seconded by Jensson to approve “A RESOLUTION TO TRANSFER FUNDS FOR LIBRARY AUTOMATION”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-12 adopted.  The Resolution transfers $5,126.74 from Library Reserves to General Reserves to cover costs incurred for the automation project completed in fiscal year 07.
   Moved by Jensson, seconded by Craft to adopt “A RESOLUTION AMENDING THE CITY’S CREDIT CARD POLICY” as discussed and amended.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-13 adopted.
   Moved by Craft, seconded by Whittlesey to appoint Scott Sides as the City’s representative on the BOARD OF DIRECTORS OF THE CEDAR RIVER PLANNING GROUP, requesting that Sides follow-up with the Economic Development Commission on the results of the meeting and further appointing Jeff Krop as alternate to this Board.  Motion carried 5-0.  Mayor Lubben will follow-up with both Sides and Krop, along with group coordinator Sharon Juon of INRCOG.
   Moved by Craft, seconded by Jensson to adjourn the meeting at 8:05 PM and motion carried 5-0.
   Julie Petersen, City Clerk, CMC                Rick Lubben, Mayor

 February 11, 2008
   The City Council of La Porte City, Iowa met in regular session on February 11, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were Brad Jaquith, Ryan DeSousa, Jim Ellis, Sam Weich, Sam Shafer, Larry Feaker, Steve Thompson and Jacob Huck.
   Moved by Whittlesey, seconded by Craft to approve the Agenda, moving item 6(a) to follow the Consent Agenda.  Motion carried 5-0.
   Moved by Jensson, seconded by Spence to approve the CONSENT AGENDA, including the January 28 minutes and the disbursements.  Motion carried 5-0 with Whittlesey abstaining from approval of the disbursements to LPC Printing & Design.
   Discussion was held on the AWARD OF CONTRACT FOR THE WASTEWATER PLANT FACILITY PLAN.  Mayor Lubben questioned whether it was better to wait until the DNR provides more information on the required upgrades.  Both Steve Thompson of MSA Professional Services and Jim Ellis of VJ Engineering agreed that the DNR will provide the information needed as the City works through the steps of the facility plan.
   At a work session prior to the council meeting, both MSA and VJ Engineering provided information on the cost of preparing a facility plan for the City.  MSA gave the Council a range of costs based on the depth of the plan, and Whittlesey asked Thompson who would decide how much the City’s plan would cost.  Thompson responded that they do not want to under-engineer the project and Public Works Director Weich brought some issues to light in the work session that would need to be addressed.  Thompson added that the Council needs to determine their comfort level.  If they want to identify only the needs identified by the DNR he would be compelled to start with the smaller plan, and if he discovers areas needing more attention he would then consult with the Council before taking any further steps.  He added that the City has a competent operator and a nice facility.
   Jim Ellis told the Council that VJ Engineering proposed an estimated fee of $6,500 to gather information, evaluate the facility, develop recommendations and conduct research into funding sources for plant and system improvements.  Ellis added that fee was based on a more extensive scope and he would like to meet with the public works committee to further refine the plan.
   It was then moved by Jensson to enter into a contract with MSA Professional Services for the preliminary study, but the motion failed for lack of a second.  Moved by Whittlesey, seconded by Craft to award the contract to VJ Engineering and motion carried 5-0.
   Moved by Whittlesey, seconded by Butler to approve the POLICE REPORT.  Motion carried 5-0.
   Moved by Jensson, seconded by Spence to approve the DEPUTY CLERK’S REPORT and motion carried 5-0.  Moved by Craft, seconded by Whittlesey directing the Deputy Clerk to apply for an updated status through the Community Rating System, using all means available including telephone application, in order to be approved in April 08 and awarded status in October 08.  Motion carried 5-0.
   Moved by Spence, seconded by Butler to approve the third reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA, BY AMENDING SECTION 151.03 RELATING TO THE PLANTING OF TREES” adding the words “excluding grasses and flowers” to paragraph 1.  Roll call vote passed 5-0 and Mayor Lubben declared Ordinance #434 adopted and effective upon publication.
   Moved by Whittlesey, seconded by Jensson to approve “A RESOLUTION TRANSFERRING FUNDS FROM THE EQUIPMENT REPLACEMENT FUND TO THE GENERAL FUND”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-06 adopted.
   Moved by Butler seconded by Whittlesey to hire Jon Barz and Randy Kiler to split the duties and salary of the summer recreation position.  After further discussion on the salary Whittlesey withdrew her second and Butler withdrew his motion.  It was then moved by Butler, seconded by Whittlesey to hire Jon Barz as the SUMMER RECREATION DIRECTOR and Randy Kiler as the assistant, with the salary to be shared by the two positions.  Motion carried 5-0.
   Whittlesey reported the Council on Aging is reviewing options for repairing the large cooler at the Community Center and will make a decision at their March meeting regarding replacement of the floor tile. 
   Moved by Craft, seconded by Whittlesey to adjourn the meeting at 7:38 PM.  Motion carried 5-0.
   Julie Petersen, City Clerk, CMC         Rick Lubben, Mayor

January 28, 2008
   The City Council of La Porte City, Iowa met in regular session on January 28, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were Larry Buchholz, Shane Clark and Stuart Grote.
   Moved by Jensson, seconded by Craft to approve the agenda as revised on January 26, 2008 and motion carried 5-0.
   Moved by Craft, seconded by Spence to approve the CONSENT AGENDA, including the January 14 Minutes, Disbursements, Utilities Report, Clerks Report, Renewal of Liquor License for Getaway Bar & Grill and Sunday Sales License for Two Friends Tap.  Motion carried 5-0 to approve the Consent Agenda with the following changes:  the expenses for Bunker Gear totaling $56,826 will be reallocated from the Building Dept to the Fire Dept, and the minutes regarding the tree ordinance will be changed to read “The ordinance calls for an application that must be completed and approved by the Public Works Director and Utilities prior to planting trees and shrubs in the public right of way”.
   City Attorney Corey Lorenzen updated the Council on the status of the former Hicks property and advised he will contact the County to request abatement of future property taxes.
   Larry Buchholz, representing Ament Inc, reported final pay estimates for the Sweet Subdivision and the new lift station will be presented next month.
   Moved by Whittlesey, seconded by Butler to approve the PUBLIC WORKS REPORT and motion carried 5-0.
   Moved by Craft, seconded by Jensson to approve the ANNUAL FIRE DEPARTMENT REPORT and motion carried 5-0.
   Moved by Butler, seconded by Whittlesey to pass the second reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA, BY AMENDING SECTION 151.03 RELATING TO THE PLANTING OF TREES”, adding the words “and flowers” to Sub-Sections 2(C) and 3(C).  Roll call vote passed 5-0.  The third and final reading will be held at the February 11 meeting.
   Whittlesey reported the FENCING FOR THE EIGHTH STREET PROJECT is currently being stored at East Central Iowa Coop and will be installed by the Public Works Department as weather permits.
   No action was taken on the ORDINANCE TO RESTRICT PARKING as snow and ice have made it difficult to take accurate street measurements.
   Peg Mangrich was present on behalf of the LPC COUNCIL ON AGING (“COA”) to make the new council members aware of the lease between the City and the COA for use of the Community Center.  The COA has two years remaining on their lease and would like assurance that lease can be renewed after two years.  Mangrich also stated that Hawkeye Valley Area Agency on Aging has requested that the office at the Center be locked for only their use; however the COA uses this office as well for daily operating needs and for storage.  Mangrich asked that the COA be notified if Hawkeye Valley contacts the City for exclusive use of the office.  Mangrich also stated that Dave Zea has offered to check the building following each weekend rental if City Hall lets him know in advance when the building will be used.
   Mayor Lubben announced the date and time had arrived for the PUBLIC HEARING ON THE FISCAL YEAR 2008 BUDGET AMENDMENT.  Moved by Whittlesey, seconded by Jensson to open the hearing and motion carried 5-0.  Moved by Jensson, seconded by Spence to receive and place on file proof of publication and motion carried 5-0.  The Mayor called for written comments and none were received.  The Mayor then called for oral comments and the City Clerk gave a recap of the revenue and expense adjustments.  Moved by Whittlesey, seconded by Jensson to close the hearing and motion carried 5-0.
   Moved by Spence, seconded by Whittlesey to approve “A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2008”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-05 adopted.
   Moved by Butler, seconded by Jensson to set the DATE AND TIME FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2009 BUDGET as February 25, 2008 at 7:00 PM and motion carried 5-0.
   Moved by Jensson, seconded by Craft to table action on the FEE SCHEDULE pending review of the revenue budget and motion carried 5-0.
   A budget workshop will be held at City Hall on February 4, 2008 at 6:30 PM.
   Moved by Craft, seconded by Butler to adjourn the meeting at 8:00 PM and motion carried 5-0.
   Julie Petersen, City Clerk, CMC              Rick Lubben, Mayor

January 14, 2008
   The City Council of La Porte City, Iowa met in regular session on January 14, 2008.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Todd Butler, Sarah Craft, Kyle Jensson, Mike Spence and Jane Whittlesey present.  Also present were David Williams, Terri Calhoun, Troy Lewis, Sam Weich, Shane Clark, Donald Huck, Larry Feaker, Sam Shafer, Steve Rosauer and Jennifer Sparks.
   Moved by Craft, seconded by Whittlesey to approve the Agenda, noting that item #9a would precede item #7.  Motion carried 5-0.
   Moved by Jensson, seconded by Spence to approve the CONSENT AGENDA, including the December 26 Minutes and the Disbursements.  Motion carried 5-0, with Whittlesey abstaining from approval of the disbursements to LPC Printing & Design.
   Mayor Lubben advised the Council of his appointments in accordance with the City Ordinance.  Larry Feaker was re-appointed to a two-year term as POLICE CHIEF and Kyle Jensson was appointed to a two-year term as MAYOR PRO-TEM.  COUNCIL COMMITTEE ASSIGNMENTS are as follows, committee chairperson listed first:

                Finance & Economic Development – Craft and Butler

                Legislation, Personnel & City Planning – Jensson and Spence

                Public Safety – Spence and Craft

                Public Works – Whittlesey and Jensson

                Parks, Recreation, Community Center – Butler, Whittlesey
   Moved by Whittlesey, seconded by Craft to re-appoint Julie Petersen as the CITY CLERK for a two-year term and motion carried 5-0.
   Moved by Jensson, seconded by Spence to re-appoint Jennifer Sparks as ZONING ADMINISTRATOR for a two-year term and motion carried 5-0.
   Moved by Spence, seconded by Butler to re-appoint Shane Clark as FIRE CHIEF for a two-year term and motion carried 5-0.
   Moved by Craft, seconded by Jensson to re-appoint Jeff Larison as CITY TREASURER for a two-year term and motion carried 5-0.
   Moved by Whittlesey, seconded by Butler to re-appoint the law firm of Dutton, Braun, Staack and Hellman P.L.C. and name Corey Lorenzen as the CITY’S ATTORNEY.  Motion carried 5-0.
   David Williams, Terri Calhoun, Troy Lewis and Donald Huck shared plans for a LA PORTE CITY VETERANS MEMORIAL.  They hope to find a highly visible location that people will see as they travel through town, and they shared pictures of memorials in other communities.  Possible locations include the Point by Pronto, the City Park, the City Parking Lot, the Family Aquatic Center and the lot next to the Main Street Museum.  Mayor Lubben encouraged the group to create drawings for the locations they are interested in and submit them to the Council at a future meeting.
   Moved by Craft, seconded by Spence to approve the monthly POLICE REPORT for December and the Year End Report for 2007.  Motion carried 5-0.
   Jennifer Sparks updated the Council on the status of the FLOOD MAP REVISION.  The City expected to receive the Letter of Map Revision from FEMA prior to the end of 2007; however FEMA instead sent a letter stating there are no funds available to provide a map to the City at this time.  Funds will be allocated in March to Black Hawk County for an updated flood map and La Porte City’s changes will be added into the county-wide map.  The County is expected to have a new preliminary map in 2009 with a final map anticipated in 2010.  Sparks shared concerns that the county map will not be available that soon, based on the City’s past experience with FEMA map changes.  Mayor Lubben noted the City has done all it can at this point, by paying for the study and providing all required data.  He added that he has been in contact with Senator Tom Harkin’s office, asking for the Senator’s help in getting a Letter of Map Revision for the City.
   Sparks also shared with the Council some of her job responsibilities including code enforcement, permits, licensing, accounts receivable and accounts payable.  Moved by Whittlesey, seconded by Craft to approve the DEPUTY CLERK’S  REPORT and motion carried 5-0.
   Moved by Craft, seconded by Butler to introduce the first reading of “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE CITY, IOWA, BY AMENDING SECTION 151.03 RELATING TO THE PLANTING OF TREES”.  Motion carried 5-0.  The ordinance calls for an application that must be completed and approved by the City and Utilities prior to planting trees and shrubs in the public right of way.  Discussion was held on the application process and the need to locate all utilities in the planting area prior to submitting the application.  Moved by Jensson, seconded by Spence to pass the first reading of the ordinance, with revisions noted, and roll call vote passed 5-0.  The second reading will take place at the January 28 meeting.
   The Council reviewed an APPLICATION FOR MEMBERSHIP TO THE LPC FIRE DEPARTMENT, in accordance with Standard Operating Guideline No. 1 which provides that applications accepted by the Fire Dept officers shall be brought before the City Council for its endorsement.  The Fire Dept vote on this application produced a 3-3 tie, and there was discussion as to whether the application should be presented to the Council since technically it was not accepted by the officers.  Moved by Spence, seconded by Whittlesey to reject the application and motion carried 5-0.  Mayor Lubben will document the Council action in a letter to the Fire Chief and the application will be retained in a secure file at the Fire Station for a period of one year.
   Discussion was held on completion of the FENCE on the City’s EIGHTH STREET property.  The Council directed Public Works Director Weich to solicit bids to finish the project and to contact the Coop about the fencing materials still needed for possible action at the next Council meeting.  At that time formal legal action against the original contractor will also be discussed.
   ORDINANCE #433 RESTRICTING PARKING on several City streets was adopted by the City Council on December 10, 2007.  On December 22, Mayor Lubben submitted a written veto of the ordinance.  It was moved by Craft, seconded by Spence to override the veto and Mayor Lubben called for discussion on the matter.  Whittlesey asked the Mayor to explain his thoughts on how the Council was “over-reaching” by adopting this ordinance.  Mayor Lubben replied that the initial discussion on parking issues began with problems experienced on Ash and Elm Streets.  When additional streets with similar widths were added to the list of potential restrictions the Council agreed to hold a public hearing to get input from the community.  Residents living on Ash and Elm attended that hearing and gave their support to parking restrictions on those two streets.  Many other residents voiced their opposition to proposed restrictions on Iowa, Poplar and South Poplar Streets.
   Police Chief Feaker agreed that Ash and Elm are areas that need to be addressed and added there are more problems on these streets because of the number of vehicles that are parked there the majority of the time.   Spence stated that the Council can’t predict parking habits and therefore they need to plan for the worst case scenario.  Chief Feaker then questioned the street measurements, as Iowa and Poplar Streets appear wider than Ash and Elm.  PW Director Weich responded that the measurements were taken from the City’s Pavement Management software.  However not every block was measured and it is possible there is some variation along the streets in question.  Mayor Lubben then called for a vote on the motion to override the veto and the vote failed 0-5.
   Spence then stated he would like to get confirmation of widths on all of the streets included in Ordinance No. 433.  PW Director Weich will measure one spot in each block and report back at a future Council meeting.
   Mayor Lubben reported the City contracted with Town & Country Lawn Care to CLEAR THE SNOW AND ICE from the sidewalk at Feuerbach Electric.  The City will continue this practice with any business owner that does not clear the snow and ice from their sidewalk in a reasonable amount of time, with all costs assessed to the property owner per City Ordinance.
   Moved by Whittlesey, seconded by Butler to approve “A RESOLUTION APPROVING IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS REVISED ARTICLES OF AGREEMENT”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-01 adopted.
   Moved by Jensson, seconded by Craft to approve “A RESOLUTION APPROVING IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS MEMBERSHIP”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-02 adopted.
   Moved by Jensson, seconded by Spence to approve “A RESOLUTION OF THE CITY COUNCIL OF LA PORTE CITY, IOWA AUTHORIZING SHARON JUON OF THE IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS AND MAYOR RICK LUBBEN AS THE APPLICANT’S AUTHORIZED REPRESENTATIVES FOR ALL MATTERS PERTAINING TO THE PREPARATION AND ADMINISTRATION OF A LOCAL HAZARD MITIGATION PLAN”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-03 adopted.
   Moved by Butler, seconded by Craft to approve “A RESOLUTION OF THE CITY COUNCIL OF LA PORTE CITY, IOWA APPROVING A 2008 PRE-DISASTER MITIGATION PROGRAM APPLICATION; DESIGNATING THE MAYOR AS THE OFFICIAL REPRESENTATIVE OF THE CITY AND AUTHORIZING THE MAYOR TO AFFIX HIS SIGNATURE TO SAID APPLICATION AND CERTAIN ASSURANCES IN CONJUNCTION WITH SAME”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #08-04 adopted.
   Moved by Whittlesey, seconded by Butler, authorizing the Mayor to sign the MEMORANDUM OF UNDERSTANDING WITH INRCOG for grant writing services related to the 2008 Pre-Disaster Mitigation Program.  Motion carried 5-0.
   The Council reviewed the qualifications of four engineering firms interested in preparing a FACILITY PLAN FOR THE CITY’S WASTEWATER TREATMENT PLANT.  Moved by Spence, seconded by Butler to contract with MSA Professional Services for the Plan.  After further discussion Butler withdrew his second and Spence withdrew his motion.  It was then moved by Jensson, seconded by Spence to interview both MSA and VJ Engineering, and to request each submit a cost estimate and a timeline for completion of the Plan.  Motion carried 5-0.  The interviews will be scheduled for February 11, prior to the 7:00 Council meeting.
   Butler recommended the City begin advertising for a POOL MANAGER FOR THE 2008 SEASON.  Information will be provided to The Progress Review for publication.
   Moved by Craft, seconded by Jensson to adjourn the meeting at 9:00 PM and motion carried 5-0.
   Julie Petersen, City Clerk, CMC              Rick Lubben, Mayor

December 26, 2007
   The City Council of La Porte City, Iowa met in regular session on December 26, 2007.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Sarah Craft, Kyle Jensson, Jeff Krop, Cliff McFarland, and Mike Spence present.  Also present were Jane Whittlesey, Todd Butler, Larry Buchholz, Corey Lorenzen, Cindy Wright, Brian Wright, Mary Johannsen and Stuart Grote.
   Moved by Jensson, seconded by Craft to approve the Agenda and motion carried 5-0.
   Moved by Krop, seconded by Jensson to approve the CONSENT AGENDA, including the December 10 Minutes, Disbursements, Utilities Report and Clerk’s Report.  Motion carried 5-0.
   Assistant City Attorney Corey Lorenzen thanked Jeff Krop and Cliff McFarland for their years of service on the Council and added he believes the City is a better place because of their service.
   Lorenzen also noted that when Jane Whittlesey begins her Council term in January, she will need to abstain any time there is a vote approving expenses paid to La Porte City Printing & Design.  This is because she or her immediate family has a financial interest in the business.  Lorenzen’s general advice is that she does not need to abstain from the entire consent agenda, but rather can do a line item abstention.
   Larry Buchholz, engineer with Ament, Inc, provided updates on closing out the Sweet Subdivision project.
   Moved by Craft, seconded by Spence to approve the PUBLIC WORKS REPORT and motion carried 5-0.
   Moved by Jensson, seconded by Craft to approve the APPOINTMENT OF JEFF KROP TO THE MUSEUM BOARD, for a term beginning at the expiration of his council term on December 31, 2007 and ending in October 2012.  Motion carried 4-0 with Krop abstaining.
   Moved by Craft, seconded by Krop to approve the following APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMISSION:  JEREMY ROBB, for a term beginning January 2008 and ending July 2010, and JAMES BRONNER for a term beginning January 2008 and ending July 2012.  Motion carried 5-0.
   The City received letters from Kathy Norris and Jim Lee expressing interest in serving on the Planning & Zoning Commission.  Moved by Craft, seconded by Jensson to APPOINT KATHY NORRIS TO THE VACANCY ON THE PLANNING & ZONING COMMISSION, for a term beginning immediately and ending December 2010.  Motion carried 5-0.
   Moved by Krop, seconded by Craft to approve “A RESOLUTION TO TRANSFER FUNDS FROM THE EQUIPMENT REPLACEMENT FUND TO THE AMBULANCE FUND”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #07-50 adopted.  $103,514.89 will be transferred as an interfund loan to cover the cost of the new ambulance, and will be repaid upon maturity of an ambulance CD in February 2008.
   Moved by Spence, seconded by Krop to approve “A RESOLUTION AUTHORIZING THE CERTIFICATION OF UNPAID GARBAGE FEES IN THE CITY OF LA PORTE CITY, BLACK HAWK COUNTY, IOWA”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #07-51 adopted.  Parcel 8712-25-386-013 will be assessed for $242.00 in unpaid fees.
   Moved by Craft, seconded by Spence to approve the Black Hawk County Gaming Association GRANT APPLICATION FOR SEWER EQUIPMENT.  Motion carried 5-0.
   Moved by Jensson, seconded by Craft to set the DATE AND TIME FOR THE PUBLIC HEARING ON THE FISCAL YEAR 08 BUDGET AMENDMENT as January 28, 2008 at 7:00 PM.  Motion carried 5-0.
   Mary Johannsen told the Council there continues to be a problem with stray dogs and cats around town.  She understands the City is charged whenever animal control is called to pick up an animal but would like the Council to do something.  She also shared concerns with the general condition of the Community Center and the poor quality of the meals that HVAAA provides.
   Council Member McFarland thanked the citizens of La Porte City for allowing him to serve another term and added he has enjoyed working with the Council.
   Council Member Krop also thanked everyone for their support.  He believes the incoming Council Members will learn a lot, just as he did, and wishes them nothing but the best.
   Moved by Krop, seconded by Jensson to adjourn the meeting at 7:25 PM and motion carried 5-0.
   Julie Petersen, City Clerk, CMC        Rick Lubben, Mayor

December 10, 2007
   The City Council of La Porte City, Iowa met in regular session on December 10, 2007.  Mayor Rick Lubben called the meeting to order at 7:00 PM with Council Members Sarah Craft, Kyle Jensson, Jeff Krop, Cliff McFarland, and Mike Spence present.  Also present were Jane Whittlesey, Jeff Larison, Larry Feaker, Sam Shafer, Todd Butler, Gina Trimble and Stuart Grote.
   Moved by Krop, seconded by Craft to approve the Agenda and motion carried 5-0.
   Gina Trimble, representing the accounting firm of Ridihalgh, Fuelling, Snitker, Weber & Co. reviewed highlights of the City’s audit report for fiscal year 2006-07.
   Stuart Grote requested the Council provide something for ICE CONTROL ON THE TRAIL FROM BLUFF STREET TO ANTON ADDITION.  Mayor Lubben noted area residents have helped maintain the trail in the past but right now there is more ice than normal.  He added that since there is no formal maintenance policy during the winter it is up to the Council to determine if any other action should be taken.  After discussion it was agreed to continue with the current no maintenance policy until the Public Works Committee can look into options for future maintenance.
Moved by Jensson, seconded by Spence to approve the CONSENT AGENDA including the November 26 Minutes, Disbursements and Approval of the Native Wine Permit for Rusty Pig.  Motion carried 5-0.
   Moved by Krop, seconded by McFarland to approve the POLICE REPORT.  Motion carried 5-0.
   Moved by Craft, seconded by Jensson to approve the AMBULANCE BILLING REPORT.  Motion carried 5-0.
   Moved by McFarland, seconded by Craft to approve the DEPUTY CLERK’S REPORT.  Motion carried 5-0.
   Mayor Lubben introduced the THIRD AND FINAL READING OF THE ORDINANCE ESTABLISHING NO PARKING ZONES.  Jensson stated she would like to return to the original problem areas, Ash and Elm Streets, where documented problems exist.  She believes, based on the large number of attendees at previous meetings, that  universally applying something that isn’t an issue based on traffic patterns isn’t the right thing to do.  Jensson then moved to pass the third reading of the ordinance to include parking restrictions only on Ash and Elm Streets.  The motion died for lack of a second.  Jensson then moved to pass the third reading of the ordinance to include parking restrictions on Ash Street, Bishop Avenue, Bishop Terrace, Bruce Lane and Elm Street, removing Iowa, Locust, Poplar and South Poplar Streets from the ordinance.  That motion also died for lack of a second.
   It was then moved by McFarland and seconded by Krop to pass the third reading of the ordinance as written.  Jeff Larison asked the Council why they bother with the second and third readings if their decision is already made at the first reading.  He added if they don’t anticipate public input and if it’s not of any value to them, why not simply pass the issue right away.  Krop responded that the Council’s original reason for the amendment was for safety throughout the whole community, and if it’s going to be done then it needs to be done right.  Larison stated that in looking through the City’s Code of Ordinances he finds lots of places where there are exceptions to rules that are granted for various purposes.  He believes local government should be the people who live in this locality and can assess the needs, circumstances and impact of rules as they are being proposed.  McFarland stated again that the Council is looking at the safety aspect, and Larison responded that arterial streets are available for emergency vehicle response.
   Mayor Lubben reminded everyone that the Council was initially approached with concerns for only Ash and Elm Streets.  The roll call vote was then taken and passed 4-1 with Jensson opposed.  Mayor Lubben declared  Ordinance #433 adopted and effective upon publication.
   Moved by Craft, seconded by Spence to table action on the CITY TREE ORDINANCE until the next meeting.  Motion carried 5-0.
   Discussion was held on CITY REPRESENTATION AT MEETINGS.  The Mayor reviewed the meetings he is invited to attend each month and Craft volunteered to attend the INRCOG board meetings.  It was moved by Spence, seconded by Jensson to designate Craft as proxy for INRCOG meetings if Mayor Lubben is unable to attend, and motion carried 5-0.
   Moved by Jensson, seconded by Craft to table the APPOINTMENT TO THE MUSEUM BOARD pending recommendation from that group.  Motion carried 5-0.
   Moved by McFarland, seconded by Krop to receive and place on file the AUDIT REPORT FOR FISCAL YEAR 2006-07.  Motion carried 5-0.
   Moved by Krop, seconded by Craft to approve “A RESOLUTION RESCHEDULING THE REGULAR DATE OF THE SECOND COUNCIL MEETING IN DECEMBER 2007”.  Roll call vote passed 5-0 and Mayor Lubben declared Resolution #07-49 adopted.  The Resolution changes the next meeting date from December 24 to December 26.
   Discussion was held on SNOW REMOVAL and the problems recent storms have caused City-wide.  It was agreed letters will be sent to businesses in violation of the ordinance because of their visibility and high amount of pedestrian traffic.
   Mayor Lubben advised that non-union employees are generally given the afternoon off on Christmas Eve and New Year’s Eve and suggested granting the full day off since both dates fall on Monday this year.  Moved by McFarland, seconded by Craft to approve CLOSING THE OFFICES ON BOTH DECEMBER 24 AND DECEMBER 31, and motion carried 5-0.
   Moved by Krop, seconded by McFarland to adjourn the meeting at 8:20 PM.  Motion carried 5-0.

Julie Petersen, City Clerk, CMC                      Rick Lubben, Mayor

November 26, 2007
   The City Council of La Porte City, Iowa met in regular session on November 26, 2007.  Mayor Lubben called the meeting to order at 7:00 PM with Council Members Sarah Craft, Kyle Jensson, Jeff Krop, Cliff McFarland and Mike Spence present.  Also present were Jane Whittlesey, Todd Butler, Jennifer Sparks, Corey Lorenzen, Phil Norris, Sam Weich, Larry Buchholz, Tim Marshall, Don Heckroth, Jan Ellsworth, Sue Hrubes, and Jeff Larison.
   Moved by Jensson, seconded by McFarland to approve the agenda and motion carried 5-0.
   Moved by Krop, seconded by Jensson to approve the CONSENT AGENDA, including the November 12 Minutes, Disbursements, Utilities Report, Clerk’s Report and Beer Permit Renewal for Casey’s General Store.  Motion carried 5-0.
   City Attorney Corey Lorenzen recognized the new Council members and reviewed laws related to open meetings, including communication by electronic means.  Lorenzen also reviewed the conflict of interest statute and advised any time a council member or their immediate family member can gain monetarily as a result of an action they are taking in their decision-making capacity, the council member needs to abstain from the action.
   City Engineer Larry Buchholz reported that the lift station leak has been repaired and reminded the Council that a two-year maintenance bond will be in effect following final acceptance of the project.
   Moved by McFarland, seconded by Krop to approve the PUBLIC WORKS REPORT as presented by Director Sam Weich and motion carried 5-0.
   Moved by Craft, seconded by Jensson to pass the second reading of “AN ORDINANCE AMENDING CHAPTER 69, SECTION 08 ESTABLISHING NO PARKING ZONES”, with a correction to the new section 08.01 which should read “Beech Street, on the east side, from Fillmore Street to Iowa Street”.  Mayor Lubben called for discussion from those present, and Tim Marshall questioned the decision to restrict parking on the north side of Iowa, noting that most traffic flows from Benton to Jefferson.  Jeff Larison noted concerns with parking restrictions in the area of the churches and shared his observation that the churches have taken a proactive stance in trying to p