City Council Minutes April 10, 2007

North Liberty City Council
April 10, 2007
Regular Session
Number 23

Mayor Pro-Tem Kuhl called to order the regular session of the North Liberty City Council at 7:00 pm.

Council members present: Bahl, Kuhl, Moody, Salm, Wozniak.

Others present: City Attorney Scott Peterson, Assistant City Administrator/Clerk Tracey Mulcahey, Deputy City Clerk Mary Byers, Library Director Dee Crowner, Wastewater Superintendent Dave Ramsey, Recreation Director Shelly Simpson, Harold Cameron, Cindy Kasper, Adam Bohr, Duane Musser, Street Superintendent Don Colony, Robert Sentman, Colleen Chipman, David Moore and other interested citizens.

Consent Agenda. Bahl moved, seconded by Salm, to approve the consent agenda subject to amending the minutes. After discussion, the vote was: ayes—Bahl, Kuhl, Moody, Salm, Wozniak. Motion carried.

Public Comment.

Harold Cameron wanted an explanation on the traffic signal problems at Forevergreen and Highway 965. Street Superintendent, Don Colony reported that they are photo eye cameras and they have mounted them closer and hopefully this will solve the problem.

Robert Sentman: Wanted to talk about the school site for Clear Creek Amana School District. The site that was chosen was supposed to be a park. He thinks it’s unusual that the good sites were by-passed and that they selected the North Liberty site.

Colleen Chipman, 1490 West Forevergreen Road: She commented on Robert Sentman’s comment. She also was saddened to hear that there is another petition submitted to the City for a change of government. She wished there could be a time out or cooling down period where there weren’t any upheavals in our City government. She questioned their reason for the petition. She feels that it’s about the election results of November 2005 and its time to get over it and its time to heal.

Official Announcements. Mayor Pro-Tem Kuhl read an announcement to the citizens on the happenings of the last two weeks with the resignations of the Mayor and City Administrator. He has spoken with many elected officials and citizens and they all feel that we all need to work together for a positive public image and that we move forward to bring are City together. He would like us all to work together and thanked everyone for their support.

Fair Housing Month Proclamation. The Iowa City Association Board of Realtors has asked the City to proclaim April as Fair Housing Month. The Mayor Pro-Tem read the Proclamation.

National Volunteer Week Proclamation. This proclamation will allow the City Council to recognize all the volunteers that contribute to the good of the city and the community as a whole. Mayor Pro-Tem read the Proclamation.

City Attorney Report. Scott Peterson gave different scenarios that could effect the election on the Mayor’s race and the petition that was filed for a change of Government. Peterson will gather information and the Council will meet for a special meeting to determine the process.

City Staff Report. Assistant Administrator, Mulcahey reported on the following.
Youth Employment Program. The City has been approached to participate with Johnson County in the Youth Employment Consortium. The program is designed to benefit at risk youth by providing a very structured “internship” program with job skills training, personal skill building and guidance. Youth are identified as at risk based on assessments and family income. The supported program provides guidance and supervision from pre-employment training through the entire “internship”.

The number of teens assisted in the program in the City of North Liberty is contingent upon the number of residents assisted. The cost per youth is $2000.00. The City can commit a maximum contribution with the understanding that we will only pay for the number of youth assisted. The City has $4000.00 in social service funds available in Fiscal Year 2008.

Amendments to Urban Renewal District. Council will be asked to provide information as to property that should be added or removed from the proposed Urban Renewal District. The district will be considered for approval by Council on April 24 agenda.

Sidewalk Program 2007. City Councilor Moody requested an update regarding the 2007 Sidewalk Program. This has been discussed before and staff needs to identify gaps in the current sidewalks. The Council would also like staff to look into requiring sidewalks on private drive also.

RDG Report with FY08 Capital Plan. The report presented by RDG last week has been interfaced with the capital improvements plan. The City has projected $1, 399,800.00 in building projects for FY08 including the house at 515 West Penn Street at $490,000.00. Excluding that project, the City has $909,800.00 budgeted for projects regarding buildings. Council will be asked to review the proposed projects in RDG’s study and the Capital Plan.

RFP for Compensation Study. During the budget process for fiscal year 2008, Council discussed with staff completing a compensation study. Staff is prepared to send out immediately after Council provides direction.

Pet Ordinance. The ordinance has not been drafted to date. Staff has the pet ordinance on the list of projects needing work.

INDR Report. The City received notice from IDNR that we were being fined for past violations at the wastewater treatment plant. The City paid the fine in February.

Agenda Setting Policy. In the packet for the March 27, 2007 Council Meeting, several policies from other communities regarding agenda setting and Council protocol were included. The proposal in this agenda packet was proposed by Acting Mayor Kuhl as being the policy for approval. Wozniak moved, seconded by Salm, to approve Resolution Number 07-68, A Resolution Approving the Policy regarding Agenda Setting. After discussion, the vote was: ayes—Kuhl, Salm, Moody, Wozniak, Bahl. Motion carried.

Library Expansion Committee. Matt Irving and Library Director Dee Crowner presented a summary of the first meeting of the Library Expansion Committee. The Council gave the go ahead on the RFP and the Fund Raising for the Expansion with keeping the City Administrator informed.

Heartland Express Well. City staff was approached by Heartland Express to install a well at their location for irrigation and truck washing. The water coming out of the well would be required to be metered, marked clearly that it is not drinkable, with assurances that no cross contamination with city treated water will be allowed.

The Council did have discussion on the effect this would have on the city’s aquifer and if there would be a water emergency would Heartland Express be willing to discontinue use of their well.

Moody moved, seconded by Bahl, to approve Resolution Number 07-69, A Resolution Authorizing the Installation of a Well at Heartland Express, subject to the acting City Administrator contact Heartland Express on the possible discontinuance of use if the City has a water rationing and that their well would not burden the City’s water supply. After discussion, the vote was: Kuhl, Salm, Moody, Wozniak, Bahl; nays–none. Motion carried.

Mayoral Position. City Attorney discussed several scenarios on filling the Mayor position. Moody moved, seconded by Bahl, to table this item until the staff could get answers from County Auditor on questions the Council members have. After discussion, the vote was: ayes—Kuhl, Salm, Moody, Wozniak, Bahl; nays–none. Motion carried.

Liberty Centre Celebration. Bahl moved, seconded by Moody, to approve Resolution Number 07-71, A Resolution Approving the Celebration of the Liberty Centre Celebration. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wozniak, Salm; nays—none. Motion carried.

Recreation Fees. Moody moved, seconded by Salm, to approve Resolution Number 07-35, A Resolution Approving the Amended Fee Schedule for the Recreation Department. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wozniak, Salm; nays—none. Motion carried.

Clear Creek-Amana Community School District 28E Agreement. Superintendent Dr. Paula Vincent addressed the Council and said that the 28E Agreement that was worked on jointly the City of North Liberty’s Legal Council is for a shared Community Facility for recreation space.

Moody moved, seconded by Bahl to table Resolution Number 07-57, A Resolution Approving the Agreement between the City of North Liberty and Clear Creek-Amana Community School District. During the discussion Moody felt his six requests for a joint meeting between Clear Creek Amana School District and the City Council were ignored by are previous Mayor and City Administrator. He feels that they need answers to some concerns that he has. He would like to have signage for North Liberty near the gym; installation of equipment for NLTV; Section (8-c Hours) has the City’s summer hours ending July 31st and Moody would like the it until school starts, they have the City paying for refurbishing cost, what are they; would also like to discuss the length of the agreement. After discussion, the vote was: ayes—Moody, Bahl; nays—Salm, Wozniak, Kuhl. Motion failed.

Moody moved, seconded by Bahl to table Resolution Number 07-57 until there is a meeting with Clear Creek Amana School Board. During discussion, Vincent told the Council that the School Board had approximately 50 days to approve the bids for the school. The School Board has numerous opportunities to look at the agreement but this is the first time for the City Council. After discussion, the vote was: ayes—Moody, Salm, Bahl; nays—Kuhl, Wozniak. Motion carried.

Mulcahey was instructed to contact the Clear Creek Amana School Board in the morning to set up a meeting.

Fire Department Bylaws. The update in the Bylaws allows for the hiring of a part time chief and assistant chief. Bahl moved, seconded by Moody, to accept the changes to the Bylaws. After discussion, the vote was: ayes—Moody, Salm, Bahl, Kuhl, Wozniak; nays—none. Motion carried.

Election Laws Update. Wozniak moved, seconded by Salm, to approve the seconded consideration of Ordinance Number 07-13, An Ordinance Amending Chapter 2.28, Entitled “Elections,” and Chapter 1.08, Entitled “City Charter,” of the North Liberty Municipal Code by Amending Provisions Pertaining to City Elections. After discussion, the vote was: ayes—Moody, Salm, Wozniak, Kuhl; nays—Bahl. Motion carried.

Subdivision Ordinance. Moody moved, seconded by Bahl, to approve the seconded consideration of Ordinance number 07-01, An Ordinance Amending Title 16, Entitled “Subdivisions”, of the North Liberty Municipal Code by Adding Chapter 16.15 and Amending Chapters 16.16.020 and 16.20.030 Relating to Subdivision Requirements and Processes and, Further, Amending Chapter 1, Zoning Code, of the North Liberty Municipal Code by Adding Section 109 Related to Rezoning Requirements. After discussion, the vote was: ayes—Moody, Salm, Wozniak, Kuhl, Bahl; nays—none. Motion carried.

Zoning Map Update. Moody moved, seconded by Salm, to approve the second consideration of Ordinance Number 07-02, An Ordinance Adopting the Zoning Map Schedule prepared by Shive-Hattery, Inc dated January 2007 as the Official Zoning Map for the City of North Liberty. After discussion, the vote was: ayes—Moody, Wozniak, Salm, Kuhl, Bahl; nays—none. Motion carried.

Fringe Area Review-Johnson County Subdivision. Bahl moved, seconded by Moody, to approve the Preliminary and Final Plat for Locust Ridge Estate which is located within the two mile jurisdiction of North Liberty. After discussion, the vote was: ayes—Moody, Wozniak, Salm, Kuhl, Bahl; nays—none. Motion carried.

Joe Robson Construction Site Plan. Planning and Zoning recommended approval of the Site Plan subject to elimination of any dumpsters, additional architectural elements on the roof lines, sidewalks stubbed from the private drive to Kansas Ave and a Private Easement Agreement for water and sewer.

The building elevations that were submitted to City Council did not show the brick which was on the original drawings from the Planning and Zoning meeting.

Moody moved, seconded by Bahl, to table this item and refer this item back to the Planning and Zoning Commission. After discussion, the vote was: ayes—Kuhl, Moody, Bahl; nays—Wozniak, Salm. Motion carried.

Joe Robson Construction Amended Site Plan. Planning and Zoning recommended approval of the Amended Site Plan subject to the elimination of dumpsters, additional architectural elements on the roof lines, sidewalks stubbed from the private drive to Kansas Avenue and a Private Easement Agreement for water and sewer, and paving all of Alydar Drive.

Moody moved, seconded by Salm to approve Resolution 07-44, A Resolution Approving the Amended Residential Development Site Plan for Joe Robson Construction for Lot 94, West Lake Addition, Part Five B. After discussion, the vote was: ayes—Wozniak, Salm, Moody, Bahl, Kuhl; nays—none. Motion carried.

Alois Alberhasky Zoning Request. The Developer has requested to table the five rezoning requests indefinitely.

Moody moved, seconded by Wozniak, to table the five rezoning requests indefinitely. After discussion, the vote was: ayes—Moody, Bahl, Salm, Kuhl, Wozniak; nays—none. Motion carried.

Harold Cameron Rezoning Request. Bahl moved, seconded by Salm to approve the second consideration of Ordinance 07-08, An Ordinance Amending the Zoning Ordinance to change the Use Regulations on Property owned by Harold Cameron located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-2-A Commercial District. After discussion, the vote was: ayes—Salm, Moody, Bahl, Wozniak, Kuhl; nays—none. Motion carried.

Moody moved, seconded by Bahl, to approve the seconded consideration of Ordinance 07-09, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Harold Cameron located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-12 Multifamily Residential District. After discussion, the vote was: ayes—Kuhl, Salm, Moody, Bahl; nays—Wozniak. Motion carried.

Bahl moved, seconded by Salm, to approve the seconded consideration of Ordinance 07-12, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Harold Cameron located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-1-A Central Commercial District. After discussion, the vote was: ayes—Moody, Kuhl, Wozniak, Salm, Bahl; nays—none. Motion carried.

Alan Arzu Rezoning Request. Bahl moved, seconded by Salm, to approve the second consideration of Ordinance 07-10, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property owned by Alan Arzu located in the North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-1-A Central Commercial District. After discussion, the vote was: ayes—Salm, Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

City Administrator Position. Mulcahey explained that staff has begun some discussion and investigation regarding filling the City Administrator vacancy. The vacancy recently filled in Marion is comparable to our vacancy. Their process seems to be a very comprehensive and inclusive process for the hiring. Jeff Schotts from the Institute of Public Affairs would be willing to help with the process.

The consensus of the Council was to have City Staff proceed with the Marion process.

Moody moved, seconded by Bahl, to approve Resolution Number 07-72, A Resolution Appointing Tracey Mulcahey as Acting City Administration with a salary of $70,000.00 for the duration of the position. After discussion, the vote was: ayes—Salm, Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

Acting Mayor. Mayor Kuhl and Mulcahey will start working on the next Agenda by the end of the week.

Bahl thanked Kuhl for a running a good meeting and the Council is behind him.

Salm asked for an update on the 28E Agreement with Coralville and Highway 965. Staff will contact Coralville.

Wozniak went to the Trail Committee meeting and gave an up-date. Also reminded them of the JCCOG Transportation Plan is on their website.

Moody also attended the Bike Trail meeting.