City Council Minutes September 25, 2007

North Liberty City Council
September 25, 2007
City Council Chambers
No 42

Mayor Salm called the meeting to order at 6:30 pm

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, Bill Mausser, Street Superintendent Don Colony, Park Superintendent Guy Goldsmith, Deputy City Clerk Mary Byers,

WORK SESSION: FACILITIES STUDY: There was a Facilities Study done in March 2007 by RDG and the Council reviewed the priorities from the document.

Regular Session of the Council Meeting started at 7:00 pm.

2. Facilities Study: Mayor Salm reported that the Council had a work session before the start of this meeting and concluded that more work needs to be done to establish priorities on projects and determining costs.

3. Consent Agenda: Bahl moved, seconded by Moody, to approve the Library Director’s Report, City Council Minutes of September 11, 2007 and September 18, 2007, West Trunk Sewer Payment Number 2 to Maxwell Construction in the amount of $342,707.99, August Revenues, and the Bill List. During discussion, Moody questioned Maxwell Constructions bill for the West Trunk Sewer Project. The bills from Maxwell Construction consistently come before Council with hand written changes, and Moody would like them to submit a clean invoice when they have changes. The Mayor emphasized that when there are changes they have been approved by the Engineer and the totals are correct. Staff will ask for future bills to come on a clean Invoice. Bahl commented that he is happy to pay this invoice and that the project is nearing completion. After discussion, the vote was: ayes—Bahl, Kuhl, Moody, Wilkerson, Wozniak; nays—none. Motion carried.

4. Public Comment: None

5. City Attorney Report: Besides Agenda items, the Attorney had nothing to report.

6. City Engineer Report:
Sand/Salt Bunker: most of the paving is completed and backfilled. The paving should be completed by the end of the week. The epoxy coating on the interior walls stills needs to be completed.

Water System Improvements: There was a meeting with staff to review preliminary plans for the ASR Well Project. There will be two separate bid packages for this project. The first will be for the actual drilling of the well and second will be for the treatment building, controls and the access drives for the well. The project will come before Council next year.

270th Street Paving is complete. Sidewalks and Storm Sewer Intakes still need to be completed.

West Trunk Sewer Line is completed and on-line with some finish work still needing to be done. Trom complemented Maxwell Construction on how well they worked with the residents in the area on the grading in their yards.

Wastewater Treatment Plant’s Monthly Progress Meeting was held last week and the project is still on schedule.

7. Acting City Administrator Report:
Animal Ordinance Update: This item was discussed at the Work Session on September 18, 2007 and the changes discussed at that meeting have been completed. It has been passed on to the City Attorney for technical review. This item will be on an Agenda in October for approval.

Premium Commercial Zoning Ordinance Update: After further review by City Staff, after the Work Session of September 18, 2007, staff would like The Planning Commission and City Council to review this item again to see if items in the Ordinance should be incorporated into the regular Commercial Zoning Districts.

515 West Penn Street: Fund Raiser Letters were sent out last week. The Fundraising Committee has requested a delay of this item to a Council Meeting in October.

Work Session: There is a field trip planned for the next Work Session and staff would like to start earlier to avoid darkness. The Council is to let Mulcahey know if that will work.

8. Moratorium for Multi-Family Site Plan Review: The Public Hearing was opened at 7:20 pm and there were no comments.

Wilkerson moved, seconded by Wozniak, to consider the first consideration of Ordinance 07-22, An Ordinance Amending the Zoning Code to Place a Moratorium on Site Plan Approvals for Multi-Family Lots. During discussion, Bahl wanted an up-date on where staff is on getting these changes done. Mulcahey stated that it was the next item on the agenda for approval in the General Design Standards Amendment. Bahl questioned if Council needs to put the moratorium in to effect if the changes are done. Peterson explained that if the Council was comfortable with considering all three General Design Standards Amendment readings at this meeting then moratorium would not have to go into effect.

Bahl question if Council should consider Item 9 before item 8.

Wilkerson moved, seconded by Wozniak, to remove their motion for consideration of Ordinance 07-22.

Moody moved, seconded by Wilkerson, to amend the agenda to consider Item 9 before item 8. After discussion, the vote was: ayes—Moody, Wozniak, Wilkerson, Bahl, Kuhl; nays—none. Motion carried.

9. General Design Standards Amendment to Zoning Ordinance: The Public Hearing was opened at 7:26 pm and there were no comments.

Kuhl moved, seconded by Bahl, to approve the first consideration of Ordinance Number 07-23, An Ordinance Amending the Zoning Ordinance. After discussion, the vote was: ayes—Wilkerson, Kuhl, Wozniak, Moody, Bahl; nays—none. Motion carried.

Moody moved, seconded by Wilkerson, to approve suspending the rule regarding the requirement of three separate considerations on three separate dates. After discussion, the vote was: ayes—Wilkerson, Kuhl, Wozniak, Moody, Bahl; nays—none. Motion carried.

Moody moved, seconded by Bahl, to approve the seconded consideration of an Ordinance Amending the Zoning Ordinance. After discussion, the vote was: ayes—Wilkerson, Moody, Kuhl, Bahl, Wozniak; nays—none. Motion carried.

Bahl moved, seconded by Wilkerson, to approve the third consideration and adoption of Ordinance Number 07-23, An Ordinance Amending the Zoning Ordinance. After discussion, the vote was: ayes—Wilkerson, Moody, Kuhl, Bahl, Wozniak; nays—none. Motion carried.

10. City Staff Compensation: Moody moved, seconded by Kuhl, to approve A Resolution authorizing Revised Salaries and Hourly Wages for City Employees for the Fiscal Year of July 1, 2007 through June 30, 2008. During discussion, Moody thanked the employees for their patience during this process. After discussion, the vote was: ayes—Wozniak, Kuhl, Moody, Wilkerson, Bahl; nays—none. Motion carried.

11. Cool Cities Initiative: Kuhl moved, seconded by Wozniak, to approve Resolution Number 07-181, A Resolution Authorizing the City of North Liberty to participate in the ICLEI Membership and Cities for Climate Protection Campaign. After discussion, the vote was: ayes—Wozniak, Kuhl, Moody, Wilkerson, Bahl; nays—none. Motion carried.

12. Bucket Truck Purchase: Moody moved, seconded by Kuhl, to approve Resolution Number 07-182, A Resolution Approving the purchase of a Bucket Truck for the Streets Department. After discussion, the vote was: ayes—Wozniak, Kuhl, Moody, Wilkerson, Bahl; nays—none. Motion carried.

13. Liberty Centre, Part 4: Bahl moved, seconded by Wilkerson, to approve Resolution Number 07-183, A Resolution Accepting Improvements in Liberty Centre, Part 4, North Liberty, IA. After discussion, the vote was: ayes—Moody, Wilkerson, Kuhl, Wozniak, Bahl; nays—none. Motion carried.

14. Policy regarding Approval of Agreements with Entities Seeking Space on Water Tower or other areas in town for lease: City Staff has received several inquiries from entities seeking to utilize the space on top of our water towers and in our city parks to facilitate cell phone service, wireless internet providers, and other technologies. Staff would like to recommend that with the help of the City Attorney, work with the proposed provider to create a lease that is acceptable to both the City and the provider.

Laura Bergus, Media Coordinator, had a memo for the Council on this issue. The Telecommunication Commission would be happy to assist the Council in determining reasonable uses of the water towers, but does not feel they have the authority or expertise to be making the decision or recommendations on this issue.

Kuhl would like to see a standard lease and that we collect rent from the provider with an inflationary clause.

Bahl does not have a problem with putting equipment on the water towers, but has a concern with erecting towers throughout town. Feels that we should put a lot of thought on why and where they should be located and who we should allow.

It was the consensus of the Council to have staff with the City Attorney and any Department Heads that are affected meet and coordinate an agreement before it comes before Council.

15. Inclusive Communities: Kuhl moved, seconded by Bahl, to approve Resolution Number 07-184, A Resolution Approving the City of North Liberty’s participation in the Partnership for Working Toward Inclusive Communities. After discussion, the vote was: ayes—Kuhl, Moody, Wozniak, Bahl, Wilkerson; nays—none. Motion carried.

16. City Administrator Contract: Peterson went over changes to the contract that took place during negotiations over the week-end that were not reflected in the document in the Council Packet.

Kuhl questioned Section 11 which states that the employer agrees to pay an amount equal to 5% of the Employee’s salary into a retirement fund of his choice and on his behalf in equal proportionate amounts each pay period. According to Kuhl, the current IRS Regulations would consider the City Administrator a highly compensated employee, and it would not be in the city’s interest to accomplish the retirement fund in this fashion. He explained that the city cannot pay an employee 5% and put it in a Retirement Fund without offering it to the other employees. Kuhl believes that the base salary should be raised 5% and allow Heiar to use that as a deferred compensation, which would be in conformity with IRS Rules and Regulations.

Bahl moved, seconded by Moody, to approve Resolution Number 07-185, A Resolution Approving the Employment Agreement between the City of North Liberty and Ryan C. Heiar, City Administrator subject to Section 11 being changed to reflect a 5% increase in the base pay to be $92,400.00 for an Annual Salary with the 5% being used for a Deferred Compensation Plan. After discussion, the vote was: ayes—Bahl, Kuhl, Wozniak, Wilkerson, Moody; nays—none. Motion carried.

17. Assessments: Kuhl moved, seconded by Bahl, to approve Resolution Number 07-186, A Resolution Authorizing the Assessment of Delinquent Amounts Owed to the City of North Liberty, Iowa to Individual Property Taxes. After discussion, the vote was: ayes—Bahl, Kuhl, Wozniak, Wilkerson, Moody; nays—none. Motion carried.

18. Old Business: Wheatley told the Council that passing the Designed Standards it was a significant accomplishment and will be a good thing for the City.

19. New Business: Moody thanked Mulcahey for filling in as Acting City Administrator.

Mayor Salm announced the Candidates for the City Council Election November 6, 2007.

Adjournment: Moody moved, seconded by Bahl, to adjourn the meeting at 8:45 p.m. After discussion, the vote was: ayes—Bahl, Kuhl, Wozniak, Wilkerson, Moody; nays—none. Motion carried.