City Council Minutes August 28, 2007

North Liberty City Council
August 28, 2007
City Council Chambers
No. 39

Mayor Tom Salm called the meeting to order at 7:00 p.m.
Council Members Present: Kuhl, Moody, Wilkerson, Bahl, Wozniak.
Also Present: City Attorney Scott Peterson, Acting City Administrator Tracey Mulcahey, City Planner Dean Wheatley, City Engineer Kevin Trom, Paul Osterholt, Bill Mausser, Lori Lindner, Peg Colony, Tracy Barkalow, Ethel Green, Mary K Mitchell, Scott Anderson, Kevin Hochstetler, Duane Musser, Mark Schwalm-Bell, Bob O’Rear, Adam Bohr
1. Approval of the Agenda. Moody moved, seconded by Bahl, to approve the agenda with moving agenda item nineteen to after agenda seven. After discussion, the vote was: ayes—Bahl, Moody, Wozniak, Kuhl, Wilkerson. Motion carried.
2. Consent Agenda. Bahl moved, seconded by Moody to approve the Consent Agenda. During discussion, Kuhl noted the negativity of the Library Directors Report. Wilkerson agreed. After discussion, the vote was: ayes—Bahl, Moody, Wozniak, Kuhl, Wilkerson; nays—none. Motion carried.
3. Public Comment. None
4. City Attorney Report. None
5. City Engineer Report. Trom reported that there were several incidents of sewer back-up because of the rain received over the last week. There were some incidents of sewer back-up. Also some of the construction projects will be delayed due to the rain.
West Truck Sewer Project: Boring has been completed under South Jones Blvd, but still has about 600 feet of pipe to extend on South Jones Blvd, and also has to complete the pipe going through the farm field. The street has been closed during this process, but should be open tomorrow morning. They expect to have the project done September 15th
270th Street: Utilities are in but the ground is very wet, so it might take awhile to compact it.
Salt/Sand Project: Preconstruction meeting has happened and the contractor has begun working. The completion of this project is October 15th.
240th Street East: Final seeding should occur later this week.
Penn Street-I380 Interchange: Trom met with the IDOT last week to go over plans and it went well. The final plans will be done in October with one more IDOT review, then the bid process can start. Construction will start in the spring of 2008. IDOT will also be doing a resurfacing project of I380 in this same time period, so the City of North Liberty will need to coordinate the traffic control to not interfere with the IDOT Project.
Water Plant Project: The pump for Well #5 is in, but the Water Superintendent would like to wait until next week for installation, due to the ground being very wet.
6. Acting City Administrator Report.
Heartland Express: Heartland Express has almost completed the improvements on their Site Plan. A Site Plan Requirement is that trees are required within forty feet of all parking spaces, but light poles were installed in some approve tree locations. They have over hundred more trees than are required for the entire area, and City Staff would like direction from the Council how to proceed. Heartland Express would be willing to plant addition trees around the parking area to cover some of the area that they proposed to have the trees on the Site Plan.
The consensus of the Council was to consider an amended Landscape Plan.
City Administrator Hiring Process: There was a press release naming the three candidates for the position. The interview process will be September 8th and Mulcahey would like all the Council to meet with the candidates.
Animal Control Ordinance: The Council had a draft of an Animal Control Ordinance from Spokane, WA which Iowa City is adopting for their use. Mulcahey would like this on the first work session agenda in September.
Irrigation Ordinance: Staff had intended to have the Irrigation Ordinance for the Council review at this meeting; the Water Superintendent has been off due to the arrival of his baby daughter, so staff has not had time to discuss this. The Superintendent will be back soon and staff will final up this Ordinance.
Cool Cities Initiative: This item was discussed at the joint meeting between Iowa City, Coralville, North Liberty, School Board and Johnson County Board of Supervisors. This would be a project for cities to become more environmentally friendly. Council thinks this would be a good idea.
Local Control of Smoke Free Ordinances: Discussions have been occurring in many local jurisdictions regarding a joint effort of all to lobby the state to provide control of smoking to the cities from the State. City Staff wanted guidance from the Council on whether the City of North Liberty would like to participate. The consensus of the Council was that this should be a local issue and each individual City should be able to pass their own Ordinances.
Work Sessions: Based on the Strategic Plan, staff is requesting implementation of work sessions on the third Tuesday of each month. The Council thinks that this is a good idea and would like to start in September.
Human Resources Policies: Mulcahey would like the Council to get back with her on any recommendations they would have on the Policies that were included in their packet.
7. Bob’s Place Liquor License. Moody moved, seconded by Bahl, to approve Resolution Number 07-158, A Resolution Approving the Liquor License Application for Bob’s Place. During discussion, Wilkerson would like a Bouncer to be required for Friday and Saturday nights. Bob O’Rear stated that they have one for Thursday, Friday, and Saturday nights. After discussion, the vote was: ayes—Moody, Kuhl, Bahl, Wilkerson, Wozniak; nays—none. Motion carried.
7a. CAT Grant Application. This is for the 515 West Penn Street House. The City would like to renovate the building for use of a Museum and to house the Telecommunication Department. The committee for the project applied for Vision Iowa Funding, and received $50,000.00. The Committee is also working on getting the house on the Historical Register which is a lengthy process. After this is done, the City would qualify for Historical Preservation Grants which could assist with the rehab of the facility. The Committee will continue to apply for grants and also have fund raisers to help with the project.
Staff would like to suggest that the Geothermal System be done this fall so that the ground can settle over the winter. This would allow for the parking, landscaping and gazebo be done in the spring. This would utilize the Vision Iowa Money. The City will be receiving Hotel-Motel Tax which can be used to maintain the facility.
Mary K Mitchell addressed the Council and stated that Vision Iowa awarded the CAT Grant contingent on having commitment of the total funding package within 90 days. Mitchell asked the Council to consider passing a Resolution of committing City Funds for the maximum of $440,000.00 needed to complete the project. The Committee will continue to apply for grants and have fund raisers to try to lower the amount, but Vision Iowa is requiring a commitment letter from the City or another type of binding commitment of funds to meet their deadline.
Mulcahey stated that the City budgeted for the entire projected on the expenditure side and projected $350,000.00 on the revenue side through TIF Bonds. There would need to be an additional $100,000.00 in Bonds to fund this project.
The Council is in agreement to fund the project.
8. Tattoo Establishment Permitted Use. Moody moved, seconded by Bahl, to approve the second consideration of Ordinance Number 07-19, An Ordinance Amending Title 17, Chapter 9, Tables 9-C and 9-D, Zoning Code, of the North Liberty Municipal Code by Adding “Tattoo Establishment” as a permitted use in the C-2-A and C-2-B Highway Commercial Zoning Districts. After discussion, the vote was: ayes—Wozniak, Kuhl, Bahl, Wilkerson, Moody; nays—none. Motion carried.
9. Board of Adjustment Criteria. Moody moved, seconded by Wilkerson, to approve the second consideration of Ordinance Number 07-20, An Ordinance Amending Title 17, Chapter 2, Section 203.7, Zoning Code of the North Liberty Municipal Code Regarding Criteria to be Utilized by the Board of Adjustment in Deciding Variances. After discussion, the vote was: ayes—Kuhl, Moody, Wilkerson, Wozniak, Bahl; nays—none. Motion carried.
10. Site Plan Regulations. Wheatley has been reviewing the current standards in the City’s Site Plan Regulations, working with the Planning Commission to make sure they are appropriate and modified as necessary. Both general standards for all developers and special standards for “Premium Commercial” Overlay Districts are being discussed. He has started the process of getting all of the general regulations organized in one section of the code, which will make them easier to find and apply. Wheatley would like to have the completed draft at the Planning Commission Meeting of September 4th for their discussion and recommendations to the Council. He feels that modification to the Site Plan Regulations would improve standards throughout the City and in our commercial areas. Multifamily is also in the review process.
Wheatley noted to the Council that a moratorium may not need to be in effect no longer than 60 days so that the current Ordinance can be amended.
Bahl would like to see the higher traffic areas recognized with higher quality restrictions in order to give North Liberty an attractive look for people passing through. Wheatley explained the Premium Commercial District under discussion, which could be used throughout the City’s commercial areas to achieve higher standards.
Moody questioned if it would be better to table any Site Plans that came in for review until the Amendment is done, and Wheatley suggested that a Moratorium is probably a more open process and fair.
Dan Smith, Home Owners Association, addressed the Council. They have an interest in the Design Standards and would like to work with Wheatley on them. Smith does not support the Moratorium proposal and finds this one unnecessary. Other cities have established Design Standards without a Moratorium.
Wilkerson moved, seconded by Wozniak, to approve Resolution Number 07-159, A Resolution Approving a Moratorium Regarding Site Plan Approval of Multi-family Lots for Sixty (60) days. After discussion, the vote was: ayes—Wozniak, Kuhl, Wilkerson; nays—Bahl, Moody. Motion carried.
11. Liberty Centre, Part One, Lot 14 Final Plat. This item was on the July 24, 2007 Council meeting when only three members were present. According to State Code in order for a vote on a resolution or ordinance to be successful, the vote requires a majority of elected officials rather than a majority of those present. Moody voted against this item at that time, so the motion failed even though the majority of Council voted for approval.
Moody still stands on his objection to this lot split. Liberty Bank originally proposed a significantly larger building that was more consistent with city goals for development in this area, but has since scaled back its plans, and he feels that allowing the subdivision may be setting a precedent for the area.
Wozniak moved, seconded by Bahl, to approve Resolution Number 07-126, A Resolution of Rescission of Council Action regarding Resolution Number 07-126. During discussion, Bahl felt comfortable that City Staff can look out for the interest of the City and he feels it’s time to move on with the Final Plat. Bahl told Moody that he agrees with Moody’s points and anything in the future should be looked at long and hard before it gets approved. The Mayor thanked the City Staff for being proactive and for their willingness to get things done correctly. After discussion, the vote was: ayes—Kuhl, Bahl, Wozniak, Wilkerson; nays—Moody. Motion carried.
Bahl moved, seconded by Wozniak, to approve Resolution Number 07-143, A Resolution Approving the Final Plat for Liberty Centre Part 1A, A Subdivision of Lot 14, Liberty Centre, Part One. After discussion, the vote was: ayes—Kuhl, Bahl, Wozniak, Wilkerson; nays—Moody. Motion carried.
12. The Villas at Liberty Executive Park. This item was on the July 24, 2007 Council meeting when only three members were present. According to State Code in order for a vote on a Resolution or Ordinance to be successful, the vote requires a majority of Elected Official rather than a majority of those present. Wilkerson voted against this item, and the motion failed even though a majority of Council present voted for approval.
Scott Peterson noted that there were some changes to the Developers Agreements for the buffer/landscape from the previous draft. The developer was willing to make some changes, based on staff’s suggestions to address some concerns from Council.
Peterson went over the changes to the Developers Agreements and had Council substitute pages.
Wilkerson moved, seconded by Bahl, to reconsider Council Action regarding Resolution Number 07-134. During discussion, Wilkerson thanked the Council for their support on this item. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl; nays—Wilkerson. Motion carried.
Bahl moved, seconded by Wozniak, to approve Resolution Number 07-144, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings, LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part One will be developed in the City of North Liberty. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl; nays—Wilkerson. Motion carried.
Wilkerson moved, seconded by Moody, to reconsider Council Action regarding Resolution Number 07-135. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl; nays—Wilkerson. Motion carried.
Bahl moved, seconded by Wozniak, to approve Resolution Number 07-145, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings, LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part Two will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes—Moody, Bahl, Wozniak, Kuhl; nays—Wilkerson. Motion carried.
Wilkerson moved, seconded by Moody, to reconsider Council Action regarding Resolution Number 07-136. After discussion, the vote was: ayes—Moody, Bahl, Wozninak, Kuhl; nays—Wilkerson. Motion carried.
Moody moved, seconded by Wozniak, to approve Resolution Number 07-146, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings, LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part Three will be developed in the City of North Liberty, Iowa subject to the addendum of Page 3 of 10. During discussion, Peterson noted that he had two complete set of the Agreement for the City Administrator that reflect the changes. After discussion, the vote was: ayes-Moody, Bahl, Wozniak, Kuhl; nays—Wilkerson. Motion carried.
Wilkerson moved, seconded by Bahl, to reconsider Council Action regarding Resolution Number 07-137. After discussion, the vote was: ayes—Moody, Bahl, Wozniak, Kuhl; nays—Wilkerson. Motion carried.
Moody moved, seconded by Wozniak, to approve Resolution Number 07-147, A Resolution Approving the Agreement Between the City of North Liberty and Cedar Holdings LLC and A&G, FLP that sets forth the Terms and Conditions Under which The Villas at Liberty Executive Park, Part Four will be developed in the City of North Liberty, Iowa subject to the addendum of page 3 of 10. After discussion, the vote was: ayes—Moody, Bahl, Wozniak, Kuhl; nays—Wilkerson. Motion carried.
13. The Villas at Liberty Executive Park Final Plats. Staff noted that all items have been addressed and The Planning Commission recommended approval of the Final Plats.
Wozniak moved, seconded by Bahl, to approve Resolution Number 07-154, A Resolution Approving the Final Plat for the Villas at Liberty Executive Park, Part One. After discussion, the vote was: ayes—Kuhl, Moody, Bahl, Wozniak; nays—Wilkerson. Motion carried.
Moody moved, seconded by Wozniak, to approve Resolution Number 07-155, A Resolution Approving the Final Plat for the Villas at Liberty Executive Park, Part Two. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wozniak; nays—Wilkerson. Motion carried.
Bahl moved, seconded by Wozniak, to approve Resolution Number 07-156, A Resolution Approving the Final Plat for the Villas at Liberty Executive Park, Part Three. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wozniak; nays—Wilkerson. Motion carried.
Wozniak moved, seconded by Bahl, to approve Resolution Number 07-157, A Resolution Approving the Final Plat for the Villas at Liberty Executive Park, Part Four. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wozniak; nays—Wilkerson. Motion carried.
14. Forevergreen/Jasper Stop Sign. Bahl moved, seconded by Wilkerson, to approve the second consideration of Ordinance Number 07-21, An Ordinance Amending Chapter 10.28 Entitled “Special Stops,” of the North Liberty Municipal Code by Amending Section 10.28.010, “Through Streets Established,” to Establish Through Streets at and to set forth the Requirements for Designation Placement of Stops for Motor Vehicles Entering Through Streets. After discussion, the vote was: ayes—Wozniak, Kuhl, Bahl, Wilkerson, Moody; nays—none. Motion carried.
Moody moved, seconded by Bahl, to waive the requirements for three readings on three separate dates. After discussion, the vote was: ayes—Wozniak, Kuhl, Bahl, Wilkerson, Moody; nays—none. Motion carried.
Bahl moved, seconded by Wilkerson, to approve the third consideration and adoption of Ordinance Number 07-21, An Ordinance Amending Chapter 10.28, Entitled “Special Stops,” of the North Liberty Municipal Code by Amending Section 10.28.010, “Through Streets Established,” to Establish Through Streets at and to set forth the Requirements for Designating Placement of Stops for Motor Vehicles Entering Through Streets. After discussion, the vote was: ayes—Wozniak, Kuhl, Bahl, Wilkerson, Moody; nays—none. Motion carried.
15. Compensation Study. The Personnel Committee, which members were Bahl, Salm, Kuhl and Mulcahey, heard nine appeals of classification. The committee did change the scoring of a few individuals and raised two in pay. The Committee made the changes on recognizing the value of the position of Assistant Department Head and their ability to assist in Employee Evaluations. They felt that the Assistant might have to take over the department for an extended period of time or would in the future take over as head of the department.
Mulcahey had an Implementation Schedule that was a detail by department and its impact. Two scenarios were given and Mulcahey wanted guidance from the Council on what scenario the Council wanted to implement.
Scenario one would take the employee to the entry level of their range, and this would be a cost to the General Fund of $44,068.00. This does not include the cost of employee benefits.
Scenario Two is a step system, and this takes the employee into the range that they are in and if they are between steps, this would move them into the next step. These changes would cost the General Fund $50,713.00. The difference between the two scenarios is $6,445.00.
Staff would like to recommend that the Council consider implementing the longevity adjustment until the next fiscal year.
The consensus of the Council was to go with Scenario Two. They felt that it was more of a performance base structure and it give each employee a fair evaluation of their performance.
Kuhl moved, seconded by Moody, to approve Scenario Two, which will move all employees into the bottom of their pay range with the step increase; and also implementing the 2009 Longevity Increase along with Part Time Staff Adjustment of $47,283.98; 2010 Longevity Increase for Part Time Staff Adjustment for $43,794.39; and 2011 Part time Staff Adjustment for $12,718.80. During discussion, Kuhl thought this new pay scale would be a great tool to use for new hires and depending on their qualifications determine appropriate step they should start at. Moody wanted to thank all department heads for working with the consultants. He thought that the Library Directors Report was troubling, but the employees knew that this was going to take some time. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wilkerson, Wozniak; nays—none. Motion carried.

16. Street Finance Report. Bahl moved, seconded by Moody, to approve Resolution Number 07-161, A Resolution Approving the FY-07 Street Finance Report. After discussion, the vote was: ayes—Wilkerson, Wozniak, Kuhl, Moody, Bahl; nays—none. Motion carried.
17. Recreation Equipment. Moody moved, seconded by Kuhl, to approve Resolution Number 07-162, A Resolution Authoring the Disposal of Weight Equipment from the Recreation Facility. After discussion, the vote was: ayes—Wilkerson, Wozniak, Kuhl, Moody, Bahl; nays—none. Motion carried.
18. Fun Run Street Closure. Moody moved, seconded by Wilkerson, to approve Resolution Number 07-163, A Resolution Authorizing the Use of City Streets and Temporary Street Closing for the Annual North Liberty Chamber Steering Committee Fun Run/Walk. After discussion, the vote was: ayes—Wilkerson, Wozniak, Kuhl, Moody, Bahl; nays—none. Motion carried.
19. CAT Grant Application: Moved to item 7a.
20. Old Business. None
21. New Business. Kuhl has been asked to have the City evaluate the fines we issue, to be consistent with Iowa City.
Mayor Salm took the train ride from Iowa City to Cedar Rapids on Saturday, August 25th and said it was a lot of fun.
Moody would like the City to support reviving the train route between Iowa City and Cedar Rapids. Bahl commented that there are plans for the first phase to run North Liberty to Coralville to Iowa City.
Adjournment. Moody moved, seconded by Bahl, to adjourn the meeting at 8:50 p.m. After discussion, the vote was: ayes—Wilkerson, Wozniak, Kuhl, Moody, Bahl; nays—none. Motion carried.