City Council Minutes August 12, 2008

North Liberty City Council
August 12, 2008
Regular Session

Mayor Tom Salm called the regular City Council meeting of the City of North Liberty to order at 7:00 p.m.

Council members present: Chipman, Donahue, Hoffman, Kuhl, Wozniak.

Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, City Engineer Kevin Trom Assistant City Administrator Tracey Mulcahey, City Planner Dean Wheatley, Cheryle Caplinger, Corinne Lemmage, Lori Lindner, Bill Mausser, Shawn Sevier, John Hruby, Justin Gourley, Carol Haack, Twila Hammond, David Moore, and other interested citizens.

Approval of the Agenda. Hoffman moved, Kuhl seconded to approve the agenda with the removal of item number eleven, Salary Resolution Amendment. The vote was: ayes – Hoffman, Wozniak, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Consent agenda. Donahue moved, Chipman seconded to approve the consent agenda including departmental reports, Parks and Recreation Commission minutes, Telecommunications Board minutes, City Council Minutes – Regular Council Meeting – July 22, 2008, the attached list of bills, June Revenues, Eggy’s Liquor License Renewal – Class C, Sunday Sales, Outdoor Service (limited to concrete patio connected to structure on side of building), Casey’s General Store #2788-595 N. Kansas Avenue Liquor License Renewal – Class B Beer with Sunday Sales, Brown Bottle Liquor License Renewal – Class C, Sunday Sales, Waste Water Treatment Plant Project – Change Order #8, $16,704, and Waste Water Treatment Plant Project – Pay Request Number 16 – Staab Construction, $177,771. After discussion, the vote was: ayes – Wozniak, Donahue, Chipman, Kuhl, Hoffman; nays – none. Motion carried.

Public Comment. John Hruby and Justin Gourley from the North Liberty Jaycees spoke about their Haunted House. They have lost their Haunted Barn location on Mehaffey Bridge Road. The Jaycees asked Council to assist with finding a location in town to have their haunted house. Heiar has asked Department Heads to brainstorm ideas for locations.

Twila Hammond lives right behind the area being vacated by the Alberhaskys. They are having trouble with weeds right now due to lack of maintenance. She inquired what will be done to maintain the weeds on that property. Mayor Salm indicated that we will investigate and get back to her.

City Attorney Report. City Attorney Peterson presented information on City Council Rules and Legislative Update. He hopes that they will be ready to come in front of Council on August 26. Peterson thanked staff, council, and mayor during last couple of months for patience during the flood impact.

City Engineer Report. City Engineer Trom reported on the following projects:

• ASR Well. Bid package 1 (Drilling of the well) – plans are completed and out for bids. Bids due September 3 and will be considered at September 9 meeting. Bid Pack 2 (Structure on property) – is with staff for review and comments. Staff will meet with homeowner’s association to review aesthetics of the building. A late winter bid date is planned.
• Street Rehab projects. The City is currently resurfacing North Front Street, Zeller Street, St. Andrews, and Sugar Creek Lane. These are projects are almost complete. The pavement markings on Zeller Street are test markings to determine if this is a process the city will want to continue to use.
• Gerdin Conference Center. The design component is 95% complete. Staff will be reviewing on Friday to go over comments. On September 17 the project will be bid and considered by Council on September 23.
• I380 Interchange. The grading and paving are well underway. The contractor has started conduits and bases for signal poles. All materials for signal poles are in and stored on site. All paving will be done in next two to three weeks. Estimating completion in mid-October.
• Waste Water Treatment Plant. The MBR system is operational. With the startup of the plant, the equalization basin will be drained down.
• Trom will be attending a neighborhood watershed conference all day on Thursday.

Mayor Salm reported that the effluent from new plant is virtually clear water.

City Administrator Report. Heiar reminded council of the following upcoming events.
• Aug. 16 –North Bend Open House at 9 a.m.
• Aug. 19 – Work Session – Touring Street and Parks Dept at 6 p.m.
• Aug. 20 – Joint Governmental Meeting at 4:30 at Iowa City City Hall.
• Sept. 16—Budget Goal Setting Session

Heiar reported that the October work session will be a trip to the new Waste Water Treatment plant. Staff is working with Coralville on the updated Transit Agreement. He plans to have something for the next Council meeting, but with all of Coralville’s flood concerns, it may not be possible. If the contract expires, transit will still operate under the ninety day clause that will allow for the old agreement to remain in place.

Mayor Report. Mayor Salm reported that last Wednesday morning North Liberty Development had a meeting with the Highway 965 consultant. The consultant provided an abbreviated presentation to business owners. The conclusion was to notify NLD so that they can contact their members. On September 16, Council will be having a Goal Setting and Assessment discussion. NLD will be invited to that work session.

Councilor Chipman asked to invite 965 Task Force to all meetings relating to the road in the future.

Alliant Energy Annual Report – Chad Wiltz. Chad Wiltz, the city’s representative from Alliant Energy presented a report regarding Alliant Energy’s activities in the City of North Liberty.

Planning and Zoning Commission Appointments. Mayor Salm is recommending the appointment of David Moore and Carol Haack to fill the vacancies on the Planning and Zoning Commission. Haack and Moore introduced themselves to the Council. Hoffman moved, Wozniak seconded to affirm the appointments of David Moore and Carol Haack to the Commission. After discussion, the vote was: ayes – Chipman, Kuhl, Wozniak, Donahue, Hoffman; nays – none. Motion carried.

Kuhl moved to appoint Haack to the term that expires on June 30, 2009 and Moore to the term that expires on June 30, 2011, Hoffman seconded. The vote was: ayes – Hoffman, Wozniak, Kuhl, Donahue, Chipman; nays—none. Motion carried.
Board and Commission Appointments. Donahue moved, Chipman seconded to approve Resolution Number 08-82, A Resolution Establishing the Terms of Service for Members of City Boards and Commissions. The vote was: ayes – Donahue, Chipman, Hoffman, Kuhl, Wozniak; nays – none. Motion carried.

Saint Andrews Drive. Kuhl moved, Hoffman seconded to approve the second consideration of Ordinance Number 08-32, An Ordinance amending Chapter 12.20, entitled “SPEED LIMITS,” of the North Liberty Municipal Code by amending Section 12.20.020 “EXCEPTIONS TO SPEED LIMITS,” to establish the speed limit on St. Andrews Drive west of Jones Boulevard. The vote was: ayes – Wozniak, Hoffman, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Donahue moved, Wozniak seconded to approve the waiver of the requirement of three considerations on three separate dates. The vote was: ayes – Hoffman, Kuhl, Donahue, Chipman, Wozniak, Hoffman; nays—none. Motion carried.

Hoffman moved, Kuhl seconded to approve the third consideration and adoption of Ordinance Number 08-32, An Ordinance amending Chapter 12.20, entitled “SPEED LIMITS,” of the North Liberty Municipal Code by amending Section 12.20.020 “EXCEPTIONS TO SPEED LIMITS,” to establish the speed limit on St. Andrews Drive west of Jones Boulevard. The vote was: ayes – Chipman, Donahue, Kuhl, Hoffman, Wozniak; nays – none. Motion carried.

Parking Ordinance. Chipman moved, Hoffman seconded to approve the second consideration of Ordinance Number 08-33, An Ordinance Amending Chapter 10.36, “Stopping, Standing and Parking,” and Chapter 10.44, “Enforcement and Penalties”. After discussion, the vote was: ayes – Hoffman, Donahue, Kuhl, Chipman, Wozniak; nays – none. Motion carried.

Snow Emergency Ordinance. Kuhl moved, Wozniak seconded to approve the second consideration of Ordinance Number 08-34, An Ordinance Amending Chapter 60, Snow Emergencies, of the North Liberty Municipal Code. After discussion, Donahue moved to table, Kuhl seconded. The vote was: ayes – Donahue, Kuhl, Chipman, Wozniak, Hoffman; nays – none. Motion carried.

Masonry Requirement. Wozniak moved, Chipman seconded to approve the first consideration of Ordinance Number 08-35, An Ordinance Amending Title 17, Zoning Code, of the North Liberty Municipal Code regarding Design Standards for Development. The vote was: ayes – Wozniak, Donahue, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Shive-Hattery Contract Addendum. Donahue moved, Hoffman seconded to approve Resolution Number 08-84, A Resolution Approving the Addendum to Service Agreement as amended between the City of North Liberty and Shive-Hattery, Inc. for Services relating to the Community Center Improvement Project in an amount not to exceed $26,000 billed by the hour, not lump sum. The vote was: ayes – Kuhl, Chipman, Wozniak, Donahue, Hoffman; nays – none. Motion carried.

Devmont Court No Parking Ordinance. Kuhl moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 08-31, An Ordinance Amending Chapter 10.36.050 to add section UU to prohibit parking on Devmont Court. The vote was: ayes – Chipman, Wozniak, Donahue, Hoffman, Kuhl; nays – none. Motion carried.

Alberhasky Property. At 8:12 p.m., Mayor Salm opened the Public Hearing regarding Vacation of Final Plat for Joe Alberhasky’s 1st Subdivision. Discussion was held regarding the proposed plans for the property. The public hearing was closed.

Kuhl moved, Hoffman seconded to approve Resolution Number 08-85, A Resolution Authorizing the Vacation of the Final Plat for Joe Alberhasky’s 1st Subdivision. After discussion, the vote was: ayes – Wozniak, Donahue, Hoffman, Kuhl, Chipman; nays – none. Motion carried.

Kuhl moved, Donahue seconded to approve the second consideration of Ordinance Number 08-22, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the P-Public District. The vote was: ayes – Donahue, Hoffman, Kuhl, Chipman, Wozniak; nays – none. Motion carried.

Wozniak moved, Donahue seconded to approve the waiver of the requirement of three considerations on three separate dates. The vote was: ayes – Hoffman, Kuhl, Chipman, Wozniak, Donahue; nays—none. Motion carried.

Donahue moved, Wozniak seconded to approve the third consideration and adoption of Ordinance Number 08-22, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the P-Public District. The vote was: ayes – Kuhl, Chipman, Wozniak, Donahue, Hoffman; nays – none. Motion carried.

Wozniak moved, Hoffman seconded to bring the following items off the table. The vote was: ayes – Chipman, Wozniak, Donahue, Hoffman, Kuhl; nays – none. Motion carried.

Wozniak moved, Hoffman seconded to approve the first consideration of Ordinance Number 08-23, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RD-8 Two Family Residential District. After discussion, the vote was: ayes – Wozniak, Donahue, Hoffman, Kuhl; nays – Chipman. Motion carried.

Wozniak moved, Kuhl seconded to waive the requirement of three considerations on three separate dates. The vote was: ayes – Donahue, Hoffman, Kuhl, Wozniak; nays – Chipman. Motion carried.

Wozniak moved, Hoffman seconded to approve the second consideration of Ordinance Number 08-23, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RD-8 Two Family Residential District. The vote was: ayes – Hoffman, Kuhl, Wozniak, Donahue; nays – Chipman. Motion carried.

Wozniak moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 08-23, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RD-8 Two Family Residential District. The vote was: ayes – Kuhl, Wozniak, Donahue, Hoffman; nays – Chipman. Motion carried.

Wozniak moved, Donahue seconded to approve the first consideration of Ordinance Number 08-24, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RM-12 Multifamily Residential District. The vote was: ayes – Wozniak, Donahue, Hoffman, Kuhl; nays – Chipman none. Motion carried.

Wozniak moved, Hoffman seconded to waive the requirement of three considerations on three separate dates. The vote was: ayes –Wozniak, Donahue, Hoffman, Kuhl; nays – Chipman. Motion carried.

Wozniak moved, Hoffman seconded to approve the second consideration of Ordinance Number 08-24, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, 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 – Donahue, Hoffman, Kuhl, Wozniak; nays – Chipman. Motion carried.

Hoffman moved, Wozniak seconded to approve the third consideration and adoption of Ordinance Number 08-24, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RM-12 Multifamily Residential District. The vote was: ayes – Hoffman, Kuhl, Wozniak, Donahue; nays – Chipman. Motion carried.

Wozniak moved, Hoffman seconded to approve the first consideration of Ordinance Number 08-25, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RM-8 Multifamily Residential District. The vote was: ayes – Kuhl, Wozniak, Donahue, Hoffman; nays – Chipman. Motion carried.

Wozniak moved, Hoffman seconded to waive the requirement of three considerations on three separate dates. The vote was: ayes –Wozniak, Donahue, Hoffman, Kuhl; nays – Chipman. Motion carried.

Wozniak moved, Kuhl seconded to approve the second consideration of Ordinance Number 08-25, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RM-8 Multifamily Residential District. The vote was: ayes – Wozniak, Donahue, Hoffman, Kuhl; nays – Chipman. Motion carried.

Wozniak moved, Kuhl seconded to approve the third consideration and adoption of Ordinance Number 08-25, An Ordinance Amending the Zoning Ordinance to Change the Use Regulations on Property Owned by Alberhasky Farms Limited Partnership, Located in North Liberty, Iowa, to those set forth in the North Liberty Municipal Code for the RM-8 Multifamily Residential District. The vote was: ayes – Donahue, Hoffman, Kuhl, Wozniak; nays – Chipman. Motion carried.

Old Business. No old business was presented.

New Business. Wheatley updated existing and approved development map. Hoffman would like to see a city newsletter like Coralville has incorporated.

Adjourn. At 8:30 p.m., Kuhl moved, Chipman seconded to adjourn. All ayes. Meeting adjourned.