City Council Minutes May 8, 2007

North Liberty City Council
May 8, 2007
Regular Session
Number 26

Mayor Salm called to order the regular session of the North Liberty City Council at 7:00 pm.

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

Others present. City Attorney Scott Peterson, Acting City Administrator Tracey Mulcahey, Deputy City Clerk Mary Byers, City Engineer Kevin Trom, Bill Mausser, Park Superintendent Guy Goldsmith, Lori Linder, Gary Watts, Kevin Hochstedler, Mary Ann Dorst, Natlie Wilkerson, and other interested citizens.

Consent Agenda. Kuhl moved, seconded by Bahl, to approve items One and Two on the Agenda, removing item M (North Liberty Jaycees Liquor License Application for Class B Beer License for Liberty Centre Blues and BBQ on May 27, 2007) under the Consent Agenda, and adding to the next City Council Meeting and the Closed Session item for the Alberhasky Property be moved to an open discussion on the Agenda. During discussion, Bahl wanted it noted that he opposed the City Election Ordinance in the Minutes of the last meeting. After discussion, the vote was: ayes—Moody, Wozniak, Bahl, Kuhl. Motion carried.

Public Comment. Attorney Mike Pugh represents Arlington Development, Inc. whose property is located to the east of the Meade Property. When Arlington Subdivision was before the City Council for approval, there was discussion regarding the City purchasing the Meade Property and rehabbing the barn and tearing down the house. Now the City has proposed a 10,500 square foot building with a large parking lot for the City’s Park Department. Pugh discussed a Developer’s Agreement for Arlington Subdivision, Part Three, that indicated the outlot in that phase be sold to the City and incorporated into parkland. Upon conveyance of that outlot to the City there is a specific deed restriction on the outlot prohibiting that property from being anything but parkland and open space. The Developer is opposed to the City locating the Park’s Department at this location.

Official Announcements. Salm will keep Kuhl as Mayor Pro-Tem. He and Kuhl will try to make as many Ribbon Cutting Events as possible. Salm thanked the community for their support over the last couple of weeks.

City Attorney Report. Peterson reviewed the current structure of the Council with Salm being appointed to Mayor. The Mayor does not break a tie vote, so a motion would fail under this form of Government.

Peterson commented on the article in this morning’s issue of the Cedar Rapids Gazette regarding the possible annexation to the east of North Liberty that is currently before the City Development Board. Peterson feels the headline to the article was misleading. He also gave the Council an update on the Annexation.

City Engineer Report. The West Trunk Sewer Project is going to be awarded at this meeting and the bids for the 270th Street Project will be opened on Thursday, May 17, 2007.

Acting City Administrator Report.
Park Plan Update. A meeting has been set up for Tuesday, May 15th to discuss the issues and concerns regarding this project. Mulcahey will report back next meeting.

Sidewalk Program 2007. Council members were given a list of sidewalks that the Street Department has identified as being in need of repairs. There was discussion on the water shut off’s that are located in the sidewalks. These situations would be the responsibility of the property owners according to the North Liberty Municipal Code. Council would like the Water Department to come up with some solution for fixing these water shut-off’s and report back.

Clear Creek Amana School District 28E Agreement Update. The consensus of the Council was not to approve the agreement until there is a meeting between the Clear Creek Amana School District and the Council as a group. Mulcahey is to try to schedule a meeting for Tuesday, May 15th .

Household Hazardous Waste Day. 2826 pounds of material were collected.

The City submitted a transportation plan to Senator Grassley’s Office last Week.

The City received a letter from Johnson County Board of Supervisors stating that they will no longer provide animal control to Cities. Mulcahey will look into options for the City.

Strategic Planning is scheduled for Thursday, June 14th at the Community Center from 4:00 to 9:00 pm.

Bahl commented on the Household Hazardous Waste Day which was held in the north parking lot of Penn Meadows Park. Ron Bandy was holding a motorcycle clinic and many parents were bringing kids to ball practice. The entire parking lot was tied up, which created a mess. Bahl thinks we need to set a policy so that this does not happen again.

Assistant City Attorney Appointment. Bahl moved, seconded by Moody, to approve Resolution Number 07-83, Amendment to Resolution of Appointment and Compensation Schedule for City Attorney. During discussion, the City Attorney addressed questions that he has received on Eric Sittig’s appointment to Assistant City Attorney. Sittig lives in North Liberty and held a position as Chairperson of the Planning and Zoning Commission and ran for a seat on the City Council in November 2005. Peterson said that Sittig joined his firm in January. He will not be involved in the subdivision process until items that Sittig was involved in are retired. After discussion, the vote was: ayes—Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

City Council Vacancy. Moody moved, seconded by Kuhl, to approve Resolution Number 07-84, A Resolution Approving the Council to appoint for the vacancy resulting from Thomas Salm appointment to the Mayor position. During discussion, Bahl stated that he feels that this should go to the people for a vote. Wozniak feels because it’s for a short period of time that appoint would be best. Kuhl feels it’s the Council’s fiscal responsibility to appoint. After discussion, the vote was: ayes—Wozniak, Moody, Kuhl; nays—Bahl. Motion carried.

Moody moved, seconded by Kuhl, to appoint for the Council vacancy at this meeting. After discussion, the vote was: ayes—Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

Mary Ann Dorst and Natlie Wilkerson addressed the Council on their interest in the position.

Moody moved, seconded by Kuhl, to appoint Wilkerson to the City Council until November. After discussion, the vote was: ayes—Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

West Trunk Sanitary Sewer Project. Public Hearing was opened at 7:58 pm and there were no comments. Public Hearing was closed.

Moody moved, seconded by Bahl, to approve Resolution Number 07-85, A Resolution approving the proposed plans, specifications, form of contract and estimated cost of the West Trunk Sanitary Sewer Project. After discussion, the vote was: ayes—Bahl, Kuhl, Moody, Wozniak; nays—none. Motion carried.

Moody moved, seconded by Kuhl, to approve Resolution Number 07-86, A Resolution Accepting the Bid for the West Trunk Sanitary Sewer Project. After discussion, the vote was: ayes—Bahl, Kuhl, Moody, Wozniak; nays—none. Motion carried.

Bahl moved, seconded by Wozniak, to approve Resolution Number 07-87, A Resolution relating to financing of a proposed project to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl; nays—none. Motion carried.

State Revolving Fund Loan. Public Hearing was opened at 8:01 pm and there were no comments. Public Hearing was closed. Moody moved, seconded by Kuhl, to approve Resolution Number 07-88, A Resolution taking additional action to enter into a Sewer Revenue Loan and Disbursement Agreement. After discussion, the vote was: ayes—Bahl, Wozniak, Moody, Kuhl; nays—none. Motion carried.
Compensation Study. Kuhl moved, seconded by Bahl, to approve Resolution Number 07-89, a Resolution Awarding the Compensation Study Contract to The Austin Peters Group, Inc. After discussion, the vote was: ayes—Moody, Wozniak, Bahl, Kuhl; nays—none. Motion carried.

City Council Personnel Sub-Committee. This is a new committee that will consist of two Council members and the Mayor that will deal with personnel issues. This committee will also help with the Compensation Study.

Moody moved, seconded by Kuhl, to establish the committee. After discussion, the vote was: ayes—Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

Salm is going to decide which two Council Members will serve on the committee at a later date.

Hotel/Motel Tax. Bahl moved, seconded by Moody, to approve Resolution Number 07-90, A Resolution Authorizing the Hotel/Motel Tax Referendum for Consideration on the June 12, 2007 Special Election Ballot. After discussion, the vote was: ayes— Moody, Bahl; nays—Kuhl, Wozniak. Motion failed.

Moody moved, seconded by Kuhl to approve Resolution Number 07-90, A Resolution Authorizing the Hotel/Motel Tax Referendum for Consideration on the November ballot. After discussion, the vote was: ayes—Moody, Bahl, Kuhl, Wozniak; nays—none. Motion carried.

Helping Hands Childcare. Bahl moved, seconded by Wozniak, to approve Resolution Number 07-91, A Resolution Approving the Special Use Permit Application for Helping Hands Childcare at 1470 Fawn Drive, North Liberty, Iowa. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wozniak; nays—none. Motion carried.

Matt Collins Master Sign Permit Application for 595 Ashley Court. Planning and Zoning recommended approval of the request. Bahl moved, seconded by Wozniak, to approve Resolution Number 07-92, A Resolution Approving the Sign Permit Application for Matt Collins at 595 Ashley Court. After discussion, the vote was: ayes—Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

Green Conditional Use Application (Johnson County). Kuhl moved, seconded by Bahl, to notify Johnson County that the City has no objections. After discussion, the vote was: ayes—Bahl, Moody, Kuhl, Wozniak; nays—none. Motion carried.

Scales Pointe Campground Sign Application. Moody moved, seconded by Bahl, to approve Resolution Number 07-93, A Resolution Approving the Application of Scott Andersen to install signs in the City Right-of-Way for Scales Pointe Campground with the removal of Bobbers Bar and Grill from the sign. After discussion, the vote was: ayes—Moody, Wozniak, Kuhl, Bahl; nays—none. Motion carried.

Tabacco Civil Penalties. Bahl moved, seconded by Kuhl, to approve Resolution Number 07-94, A Resolution Accepting Payment of $300.00 Civil Penalty and Waiver of Right to Hearing from Corridor Convenience. After discussion, the vote was: ayes—Moody, Wozniak, Bahl, Kuhl; nays—none. Motion carried.

Bahl moved, seconded by Kuhl, to approve Resolution Number 07-95, A Resolution Accepting Payment of $300.00 Civil Penalty and Waiver of Right to Hearing from LD Express. After discussion, the vote was: ayes—Moody, Wozniak, Bahl, Kuhl; nays—none. Motion carried.

City Administrator Position. The Council reviewed the list of qualifications for the position. Council would like to start advertising June 13th, which would be after the election, so the ad could be specific to either an Administrator or a Manager. In the mean time staff will work on the job description and the lengthy questionnaire.

Alberhasky Property. Under the current agreement with the Alberhasky’s, the City had a May 1, 2007 date to secure financing to purchase the property. The City wants to extend the contingency period to June 15, 2007 with the closing date of July 15, 2007. The Alberhasky’s are fine with this, however, they are purchasing land in another City, which is subject to the sale of their North Liberty property to the City. They would need an additional $10,000.00 non-refundable earnest check which would be part of the original purchase price.

Kuhl moved, seconded by Bahl, to authorize the Mayor and City Clerk to sign an addendum to the agreement subject to the City Attorney and Staff review. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl; nays–none. Motion carried.

Councilor Comments.
Moody attended his first meeting that he was appointed to by the Governor for Psychology Examiners last week. He would also like staff to consider changing Councilor and Mayor Comments to New and Old Business.

Bahl reminded everyone that it’s Bike to Work Week next week and encouraged everyone to participate.

Kuhl and Salm went to the Core Fitness and Clear Creek Amana School Ground Breaking Ceremonies.

Closed Session.
Moody moved, seconded by Kuhl, to take a five minute break and go into Closed Session. After discussion, the vote was: ayes—Wozniak, Moody, Bahl, Kuhl; nays—none. Motion carried.

During the recess Wilkerson was sworn into office.

Moody moved, seconded by Bahl, to return to open session at 9:50 pm. The vote was: ayes—Wozniak, Bahl, Moody, Kuhl, Wilkerson; nays—none. Motion carried.

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