City Council Minutes April 24, 2007

North Liberty City Council
April 24, 2007
Regular Session
Number 25

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, Acting City Administrator, Tracey Mulcahey, Deputy City Clerk Mary Byers, Library Director Dee Crowner, Mr. and Mrs. Terry Donahue, City Engineer Kevin Trom, Recreation Director Shelly Simpson, Park Superintendent Guy Goldsmith, Lori Linder, MMS Consultant Duane Musser, Building Official Tom Palmer, Library Staff Jenny Garner, Steve Mallicoat, Barbara Beaumont and other interested citizens.

Consent Agenda. Moody moved, seconded by Bahl, to approve the consent agenda subject to the item 2F (Chamber of Commerce Trip Bill Payment) being moved to its own item 2.a for consideration. After discussion, the vote was: ayes—Bahl, Moody, Salm, Kuhl, Wozniak; nays—none. Motion carried.

2a. Chamber of Commerce Trip Bill Payment. This is a bill for the Washington DC trip in February 2007 that former Mayor Franker was to attend. Due to a conflict in his schedule, he was unable to attend and the cancellation fees need to be paid. Moody read an e-mail from the former Mayor to former City Administrator dated 2-07-07 that stated that if no one could go in his place, he had made arrangements with the Chamber to pay for lost deposits Moody moved, seconded by Bahl to deny the request. After discussion, the vote was: ayes—Bahl, Moody, Salm, Kuhl, Wozniak; nays—none. Motion carried.

Public Comment
Jerry Kasper, 585 South Jones Blvd: Wanted an explanation of Glynmor Preliminary Plat extension. Mulcahey explained that after a Preliminary Plat is approved the developer has 18 months to begin work on the development. If work has not begun in that time frame, an extension is required.

Kasper wanted to know when the appropriate time would be to come in and discuss the rear yards that are adjacent to South Jones Blvd. He did mention the entrance to Arlington Ridge; he feels a similar entrance would solve the problem with backyards in the Glynmor Addition.

Iowa Concrete Paving Association Award Presentation. Steve Mallicoat presented Park Superintendent Guy Goldsmith, City Engineer Kevin Trom, Streb Construction, Peterson Contractors Inc and Mayor Pro-Tem Kuhl an award from the Association for the Liberty Centre Project.

Proclamation of National Architecture Month. Mayor Pro-Tem read a Resolution naming National Architecture Month.

Official Announcements. Mayor Pro-Tem read a proclamation naming North Liberty Tree USA for 2006.

Kuhl thanked Boy Scout Trip 2016 and their Leaders for cleaning the trail over the week-end. The Mayor would also like City Staff to organize more cleanup days around the City.

City Attorney Report. Scott Peterson reported that at the next City Council Meeting he will be submitting a Resolution to appoint Eric Sittig as Assistant City Attorney at a rate of $100.00.

City Engineer Report. Kevin Trom reported that there was a preconstruction meeting with Staab Construction for the new Wastewater Treatment Plant. They will be mobilizing the first week in May, with completion of the NBR, which switches the process, by July 2008, and the rest of the project being completed by October 2008.

The watertower is being painted and is progressing well, anticipated completion date is July 1, 2007.

The Well and Water Plant improvements are moving along.

I-380 Interchange Preliminary Plans have been submitted to the IDOT at their request. This was needed for the funding request and for their review.

240th Street improvements are starting. They have 40 working days to complete the project.

Acting City Administrator Report.
Strategic Planning. Staff has met with Jeff Schott and has discussed the possibility of doing a strategic planning session with Council and Department Heads to create goals for the City of North Liberty. The cost of the session would be $2400.00 plus mileage from Iowa City and back. Council and Department Heads will be led through a goal setting process in a four to five hour session, with the end result being a unified list of goals for the City. Staff would then be charged with drafting action steps to achieve the goals. Each year Council will be asked to revisit their list of goals and make recommendations as to new goals. A strategic plan gives a concrete measure of accomplishment for both staff and elected officials. Council will be asked to provide direction to staff regarding their interest in participating in this process.

Sidewalk Program 2007. Staff is in the process of assessing the gaps in sidewalks in town. A full report should be available at the next Council Meeting. Bahl would also like the water-shut off’s that are sticking up in sidewalks to be fixed.

Storm Reimbursement. Staff has met with the Department of Homeland Security regarding the reimbursement process for storm damages from the ice storm in February.

Request to Harkin, Grassley and Loebsack regarding the Highway 965/Golf View/ Fairview Lane Project. Staff is working with Councilman Wozniak to ensure that the City has satisfied all the application requirements for this project.

Hotel/Motel Tax Vote. Staff would like to move forward with placing the hotel/motel referendum on the June 12th ballot as well. North Liberty Development Corp has offered their assistance with the public relations campaign and marketing the information for this vote. With this being considered in June, the tax can be implemented January 1, 2008.

Transit Report. The rider ship from North Liberty to Iowa City has averaged 878 per month; 25 in the morning and 18 at night.

City Planner. Dean Wheatley has accepted the position with a start date of May 14th.

Temporary Traffic Lights at Kansas Avenue and Penn Street. The City has a preliminary agreement with Heartland Express that they would like reconsidered. Heartland would like temporary traffic lights put at the intersection at the cost of $23,000.00, to be split between Heartland Express and the City.

City Employee Salary Increase Clarification. During the budget process this year, some department heads performed their own research to determine what salaries their employees should be receiving. These Department Heads stated that they were not aware that their proposed increases would be subject to the Compensation Study being completed. RFP’s went out for the study and are due back May 1st , with Council approval May 8th , and the study being completed by July 20, 2007. The consensus of the Council was that a 6% salary increase was budgeted and a Compensation Study was to be completed for possible additional increases.

The Council was given three options to resolve this issue:
1. Approve staff increases of 6% (merit and cost of living-dependent upon reviews) effective July 1, 2007, except for public safety (police and fire) increases, until the compensation study is completed. After the study is completed, the increases would be applied retroactive to July 1 for those who are deemed (reasonably as determined by Council) to be under compensated.
2. Approve the salaries as proposed by department heads in their budgets. Proceed with the Compensation Study and address under compensated staff when completed.
3. Approve department head proposed salaries. Implement the compensation study results in FY09.

Wozniak moved, seconded by Salm to approve option one. During discussion three department heads were given a chance to support their case for the salary increases. They spoke of being misled by the City Administrator during the process and were told that they did receive the salaries that were proposed in their budgets. After the department heads spoke, Bahl and Salm sided with the employees, and felt the budget figures should stand. After discussion, the vote was: ayes—Wozniak, Moody, Kuhl; nays—Salm, Bahl. Motion carried.

Mayoral Vacancy. Council was asked to determine the method for the filling this vacancy. Council could opt to appoint someone to fill the vacancy until the November election. There were two applications for consideration Terry Donahue and Tom Salm. If the Council chose to appoint someone, a petition could still be presented up to fourteen days from the appointment, requesting a special election be held. The other option is continuing with the Mayor Pro-Tem, and call for the special election of the Mayor on June 12. The elected Mayor would serve out the remainder of former Mayor Dave Franker’s term.

Moody supported Donahue to fill the position. He was Mayor of Creston, IA for 14 years and is very qualified. He would also like someone not involved with City Council.

Bahl would like the citizens to choose the Mayor with an election.

Wozniak moved, seconded by Salm, to approve Resolution Number 07-70, a Resolution Approving the Council’s selected option to fill the Office of Mayor. After discussion, the vote was: ayes—Kuhl, Wozniak, Moody, Salm; nays—Bahl. Motion carried.

Bahl believes that the people of North Liberty need to make the decision of who should be the Mayor.

Wozniak supported appointing until the next general election.

Kuhl feels that the City has been through a lot of turmoil and we need to take some time to heal. He would like to wait until November to vote on the Mayor.

Salm feels that a petition will probably be filed for a special election.

Moody moved, seconded by Bahl, to appoint Donahue to the position of Mayor. Donahue did approach the podium to address the Council. He submitted his application for the purpose of helping heal wounds and bring stability back to the Council. The appointment term did not matter to him; he wanted to bring leadership to the Council for the interim.

Wozniak explained that he was going to vote for Salm because he did not know Donahue. He wanted someone that he had familiarity with. He would like to sit down with Donahue and get to know him.

Kuhl echoed Wozniak’s comments.

After discussion, the vote was: ayes—Moody, Bahl; nays—Wozniak, Kuhl, Salm. Motion failed.

Wozniak moved, seconded by Kuhl, to appoint Salm to the position of Mayor to begin at the end of this council meeting. During discussion Salm did emphasize the credentials of Donahue and stated he has done a great job on the Planning and Zoning Commission. He feels he has learned a lot from Terry. Salm said he would like the appointment because he has the desire to be Mayor. Kuhl supported the appointment of Salm. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl; nays—none; abstain—Salm. Motion carried.

Bahl moved, seconded by Salm, to direct City Staff to Publish Notice of the Council Seat Vacancy for the May 8, 2007 meeting. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl, Salm; nays—none. Motion carried.

Glynmor Preliminary Plat Extension. The Preliminary Plat for Glynmor Subdivision was approved in December 2005. Preliminary Plats have an eighteen month expiration date. This Preliminary Plat would be set to expire in June 2007. The developer is requesting an extension to this plat to allow them to proceed with the development. The Planning and Zoning Commission has recommended approval of the extension starting with the date of Council approval for an additional eighteen months.

The Developer has agreements with property owners on the west side of the property on the water issues from the approval of the Preliminary Plat.

Bernie Schultz: 810 South Jones Blvd. He would like a more ascetic appeal to the development. He would like the Developer to look at the entrances to Arlington Ridge and Harvest Estates Subdivisions and see if they could come up with something similar for Glynmor Addition.

Jim Seelman: 2790 Kansas Ave NE: Seelman said that Alan Marks took care of all the agreements for his property. He did question changing the houses that face Jones Blvd around so that the backs do not face the street?

City Engineer Kevin Trom reminded the Council that the development was approved with a landscaping buffer along Jones Blvd and a landscaped entrance. He suggested that the neighbors be invited to see what the berms are going to look like.

Bahl moved, seconded by Salm, to approve Resolution Number 07-74, A Resolution Approving an Extension to the Preliminary Plat for Glynmor Subdivision to October 24, 2008, subject to input from neighbors regarding the berms and entrance landscaping. After discussion, the vote was: ayes—Kuhl, Salm, Wozniak, Moody, Bahl; nays—none. Motion carried.

Urban Renewal District Update. Bahl moved, seconded by Moody, to approve Resolution Number 07-75, A Resolution Setting the Public Hearing Date for the Urban Renewal Plan Update for May 22, 2007. After discussion, the vote was: ayes—Moody, Bahl, Wozniak, Kuhl, Salm; nays—none. Motion carried.

State Revolving Fund Wastewater Loan. Bahl moved, seconded by Wozniak, to approve Resolution Number 07-76, A Resolution Setting the Public Hearing Date for the State Revolving Fund Loan not to exceed $8,700,000 for May 22, 2007. After discussion, the vote was: ayes—Moody, Bahl, Wozniak, Kuhl, Salm; nays—none. Motion carried.

Wastewater Treatment Plant Improvements. Bahl moved, seconded by Salm, to approve Resolution number 07-77, A Resolution Approving the Contract Documents with Staab Construction for the Phase I Wastewater Treatment Plant Improvements and Issuing the Notice to Proceed. After discussion, the vote was: ayes—Moody, Kuhl, Wozniak, Salm, Bahl; nays—none. Motion carried.

Annexation Resolution. Bahl moved, seconded by Moody, to approve Resolution 07-78 A Resolution Approving the Amended Consents and Legal Descriptions for Annexation. After discussion, the vote was: ayes—Bahl, Kuhl, Moody, Salm, Wozniak; nays—none. Motion carried.

Liberty’s Gate Agreement. Bahl moved, seconded by Wozniak, to approve Resolution Number 07-79, A Resolution Approving the Agreement regarding Easement Reduction for Liberty’s Gate. After discussion, the vote was: ayes—Bahl, Kuhl, Moody, Salm, Wozniak; nays—none. Motion carried.

Election Law Update. Wozniak moved, seconded by Salm, to approve the Third consideration and adoption 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—Salm, Wozniak, Kuhl, Moody; nays—Bahl. Motion carried.

Subdivision Ordinance. Bahl moved, seconded by Salm, to approve the Third consideration and adoption of Ordinance number 07-01, An Ordinance Amending Title 16, Entitled “Subdivision”, 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, Bahl, Kuhl, Wozniak; nays—none. Motion carried.

Zoning Map Update. Bahl moved, seconded by Moody, to approve the Third consideration and adoption 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, Salm, Bahl, Kuhl, Wozniak; nays—none. Motion carried.

Joe Robson Construction Site Plan. Bahl moved, seconded by Wozniak, to approve Resolution Number 07-43, A Resolution Approving the Residential Development Site Plan for Lot 1, West Lake Addition, Part 10. After discussion, the vote was: ayes—Moody, Salm, Bahl, Kuhl, Wozniak; nays—none. Motion carried.

Fox Run, Part 13 Developer’s Agreement. Salm moved, seconded by Bahl, to approve Resolution Number 07-81, A Resolution Approving the Agreement between the City of North Liberty and Pamela J. Schulte-Wagner regarding the Development of Fox Run, Part 13. After discussion, the vote was: ayes—Moody, Salm, Bahl, Kuhl, Wozniak; nays—none. Motion Carried.

Moreland Estates, Part 2 Developer’s Agreement. Bahl moved, seconded by Moody, to approve Resolution number 07-82, A Resolution Approving the Agreement between the City of North Liberty and Frank E. Colony and Margaret J. Colony regarding the Development of Moreland Estates, Part 2. After discussion, the vote was: ayes—Moody, Salm, Bahl, Kuhl, Wozniak; nays—none. Motion carried.

Harold Cameron Rezoning Request. Bahl moved, seconded by Salm, to approve the Third Consideration and adoption 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 Highway Commercial District. After discussion, the vote was: ayes—Salm, Wozniak, Moody, Kuhl, Bahl; nays—none. Motion carried.

Salm moved, seconded by Bahl, to approve the Third Consideration and adoption 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, Moody, Bahl, Salm; nays—Wozniak. Motion carried.

Bahl moved, seconded by Salm, to approve the Third Consideration and adoption 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—Kuhl, Moody, Bahl, Salm, Wozniak; nays—none. Motion carried.

West Prairie Subdivision. Moody moved, seconded by Bahl, to table Resolution Number 07-80, A Resolution Approving the Preliminary Plat for West Prairie Subdivision per the Developers request. After discussion, the vote was: ayes—Kuhl, Moody, Bahl, Salm, Wozniak; nays—none. Motion carried.

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

City Administrator Position. The Council reviewed the advertisement for the position.

Council Comments.
Wozniak congratulated Kuhl for a good job as acting Mayor. He also recognized Betty Burger, who recently passed away. She had worked for Senator Grassley’s Office for 39 years.

Moody recognized North Liberty Police Offices Jess Bernhard, on the article in the Iowa City Press Citizen regarding his heroic efforts.

Kuhl will be attending the ground breaking for Core Fitness.

Bahl thanked Kuhl for the job he has done as Acting Mayor and also congratulated Salm as the new Mayor.

Salm attended the Friends of the Library Luncheon on Saturday. He also read a quote.

City Attorney Review. Moody moved, seconded by Bahl, to wait on the review of the City Attorney until next year and extend his contract to June 2008. After discussion, the vote was: ayes—Bahl, Moody, Salm, Kuhl, Wozniak; nays—none. Motion carried.

Adjournment. Salm moved, seconded by Moody, to adjourn the meeting. After discussion, the vote was: ayes—Bahl, Mood, Salm, Kuhl, Wozniak; nays—none. Motion carried.