City Council Minutes August 26, 2008

North Liberty City Council
August 26, 2008
Regular Session

Mayor Tom Salm called the regular City Council meeting 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, City Planner Dean Wheatley, Corinne Lemmage, Lori Lindner, Alfred Karr, Tionna Pooler, Shelly Simpson, Nick Bergus and other interested citizens.

Approval of Agenda: Kuhl moved, Hoffman seconded, to approve the agenda with the correction of Items Eight and Nine. Item Eight should read, Resolution Number 08-86, A Resolution authorizing and approving a Loan Agreement and providing for the sale and issuance and securing the payment of $2,350.000 Water Revenue Bonds, Series 2008C. Item nine should read, Resolution Number 08-87, A Resolution authorizing and approving a Loan Agreement and providing for the sale and issuance and securing the payment of 1,550,000 Sewer Revenue Bonds, Series 2008D. After discussion, the vote was: ayes– Hoffman, Kuhl, Chipman, Wozniak, Donahue; nays – none. Motion carried.

Consent Agenda: Hoffman moved, Kuhl seconded, to approve the consent agenda containing the Library Report, City Council Minutes – Regular Council Meeting – August 12, 2008, City Council Minutes – Special Council Work session – August 19, 2008, the attached list of bills, Johncy’s Liquor Store Liquor License Renewal – Class E Carryout Beer and Liquor and Sunday Sales, Penn Street/I-380 Project, Pay Application Number 3, Metro Pavers – $344,824.29, and Penn Street/I-380 Project, Change Order Number 1 – $8,464.30. During discussion Kuhl noted that the August 19th adjournment motion was incorrect. Hoffman wanted to know the history of Johncy’s Liquor Store and selling to minors.
City Administrator noted the steps the store has taken to prevent future violations. After discussion, the vote was: ayes – Wozniak, Hoffman, Donahue, Kuhl, Chipman; nays – none. Motion carried.

Public Comment: Alfred Karr, 722 Molly Drive. Thanked the Council on behalf of his neighborhood for their quick response in the meeting with the neighbors on a vicious animal situation in their neighborhood. He questioned what has happened with the Animal Ordinance since the neighborhood situation last year, and what the City plans to do in the future.

City Administrator Ryan Heiar explained that there is a new Animal Ordinance that was adopted by the City Council in May of this year. In a case of vicious animals, the responsibility of determining if the animal is vicious or dangerous is determined by the City Administrator. The dog is removed from the property and taken to a shelter, and the owner has seven day to appeal the dangerous dog declaration.

If the dog is deemed dangerous, the animal is either euthanized or tagged with an identification chip and removed from the property. If the dog is not dangerous, the dog is returned to the owner with a Conditional Release.

Heiar did emphasize that the Animal Ordinance requires that dogs and cats be on a leash at all times and encouraged people to report violators to City Hall.

City Attorney Report: Legislative Update: Peterson reviewed the changes in the state law and other legislative actions following the most recent session.

The Smokefree Air Act: Peterson went over the changes to the Smokefree Air Act.

Chipman asked if the City could get more information on how North Liberty could apply for the Community CAT and Trail Funding. She feels North Liberty has a lot of trails and a new park that is going to be given to the city, that could possibly benefit from the monies. Peterson will research and get back to the Council.

City Engineer Report: ASR Well, Bid Package #1, well drilling only: Bids are due Wednesday, September 3rd for City Council consideration September 9th.

Gerdin Conference Center Project: Documents have been sent out for bid and are due back September 17th for City Council consideration on September 23rd.

I-380 Interchange Project: Seeding and matting is almost completed and the single pole bases have been poured. Paving continues with the conduit installation. Lane closure is on a limited basis at this point. There will be no lane closure the Labor Day week-end or on Iowa Football game days. Project completion is scheduled for mid October.

Water shed Conference: Trom reported that it was an excellent conference and received some good ideas for best management practices. Trom will present some of the ideas at a staff meeting and see what they want to bring back to the City Council.

Capital Improvement Planning: Continues with the Street Department.

City Administrator Report: Capital Improvement Projects: Heiar has asked Department Heads to up-date there CIP projects and have information ready for the goal setting meeting with the City Council.

Speed Study Scales Bend Road: A study was done in 2006, but per the request of the neighborhood, the City Staff is revisiting the issue. Staff hopes to have the report back within the next month.

Safety Committee: The committee has been established and will be taking a comprehensive look at the comprehensive look at safety policies and programs.

Networking Plan: Staff will be working with city consultants to network the city as it grows and builds new facilities to enable the communication within the city.

Chamber PM will be held Thursday, August 28th at the Johnson County Historical Society.

Iowa League of Cities Conference will be held September 10-12, which Heiar will be attending with Chipman and Donahue.

Mayor Report: Council Rules: There was an item on the August 12th Agenda on establishing council rules. The Mayor, Attorney and Administrator met since that meeting and reviewed some different examples. Peterson is going to draft a working document for City Council review.

Water Bond Issuance: Chipman moved, Donahue seconded, to approve Resolution Number 08-86, A Resolution authorizing and approving a Loan Agreement and provide for the sale and issuance and securing the payment of $2,350,000 Water Revenue Bonds, Series 2008 C with Ruan Securities Corporation. After discussion, the vote was: ayes – Chipman, Wozniak, Hoffman, Donahue, Kuhl; nays – none. Motion carried.

Sewer Bond Issuance: Wozniak moved, Hoffman seconded, to approve Resolution Number 08-87, A Resolution authorizing and approving a Loan Agreement and providing for the sale and issuance and securing the payment of $1,550,000 Sewer Revenue Bonds, Series 2008D with Ruan Securities Corporation. After discussion, the vote was: ayes — Kuhl, Chipman, Wozniak, Hoffman, Donahue; nays – none. Motion carried.

Community Center Room Rental Policy. Shelly Simpson addressed the Council with a revised rental policy for rooms at the Community Center.

Kuhl moved, Wozniak seconded, to approve Resolution Number 08-88, A Resolution Approving the Revised Room Rental Policy for the Community Center, subject to including the language that the policy is through June 30, 2009, at which time the Parks and Recreation Commission meet with City Council to review policies per the document dated August 26, 2008, and the rates reflect prime time rates. After discussion, the vote was: ayes – Donahue, Kuhl, Chipman, Wozniak, Hoffman; nays—none. Motion carried.

North Liberty Chamber Committee Fun Run: Donahue moved, Wozniak seconded, to approve Resolution Number 08-89, A Resolution Authorizing the Use of City Streets and Temporary Street Closings for the Annual North Liberty Chamber Steering Committee Fun Run/Walk. The vote was: ayes- – Hoffman, Donahue, Kuhl, Chipman, Wozniak; nays – none. Motion carried.

Coralville Transit Agreement: Kuhl moved, Wozniak seconded, to approve Resolution Number 08-90, A Resolution approving a 28E Agreement for Limited Transit Services between the City of Coralville and the City of North Liberty, Johnson County, Iowa. After discussion, the vote was: ayes – Wozniak, Hoffman, Donahue, Kuhl, Chipman; nays—none. Motion carried.

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

Snow Emergency Ordinance: Chipman moved, Wozniak seconded, to remove the Snow Emergency Ordinance from the table. The vote was: ayes – Kuhl, Donahue, Hoffman, Chipman, Wozniak; nays – none. Motion carried.

Chipman 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. The vote was: ayes – Hoffman, Kuhl, Chipman, Wozniak, Donahue; nays – none. Motion carried.

Masonry Requirement: Donahue moved, Wozniak seconded, to approve the second 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 – Donahue, Wozniak, Chipman, Kuhl, Hoffman; nays – none. Motion carried.

Old Business: Kuhl reported on the opening of North Bend School for the Clear Creek Amanda School District.

New Business: None

Adjournment: Wozniak moved, seconded by Hoffman, to adjourn the meeting at 7:54 p.m. After discussion, the vote was: ayes—Kuhl, Wozniak, Donahue, Chipman, Hoffman; nays—none. Motion carried.