City Council Minutes June 24, 2008

North Liberty City Council
June 24, 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, Arie Hovenkamp, Lori Lindner, Tionna Pooler – Public Financial Management, Bill Mausser, Matt Meseck, Brian Motley, Jennifer Jordan, Steve Smith, Adam Benz, Kerry Fitzpatrick and other interested citizens.

Agenda. Chipman moved, Kuhl seconded to approve the Agenda. After discussion, the vote was: ayes – Donahue, Wozniak, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Consent Agenda. Wozniak moved, Hoffman seconded to approve the consent agenda including the Library Director Report, Police Chief Report, Liquor License Application – Linden – Henning Wedding Reception; Southslope Banquet Facility, July 19, 2008, Liquor License Application – Stratton – Vollbrecht Wedding Reception; Southslope Banquet Facility, July 26, 2008, Liquor License Renewal – Yang Chow Wok Class C liquor license with Sunday sales, Liquor License Renewal – E.B. Taylor’s Restaurant-Class C-Sunday Sales, Liquor License Application – City of North Liberty, RAGBRAI Beverage Garden, July 24, 2008, Tobacco License Renewals for Gasbys – 1 Hawkeye Drive, Fareway Store – 615 Westwood Drive, Corridor Convenience – 620 Meade Drive, Casey’s General Store – 625 West Zeller Street and 595 North Kansas Avenue, LD Express – 900 West Penn Street, Cigarette Outlet – 465 Highway 965 #G, Quail Creek Golf Course – 700 Club House Road, Penn Way – 350 West Penn Street, Bob’s Place – 420 N. Dubuque Street, Wastewater Treatment Plant Project – Change Order Number 6, Wastewater Treatment Plant Project – Change Order Number 7, City Council Minutes – Regular Council Meeting – June 10, 2008, City Council Minutes – Work Session – June 17, 2008, the attached list of bills and May Revenues. After discussion, the vote was: ayes – Chipman, Kuhl, Donahue, Wozniak, Hoffman; nays – none. Motion carried.

Public Comment. No public comment was received.

City Attorney Report. Peterson reported that his business was displaced from downtown Cedar Rapids in the flood. They are working with email reestablished temporarily, but no phones, yet.

City Engineer Report. Trom reported on the following city projects:
- I-380/Penn Street. The Police Department and staff are doing traffic control. The project contractor is not allowed to do any work during the traffic control periods. IDOT is providing advanced warning signs on interstate.
- Hwy 965. Trom updated Council on the closure. The County needs bridge inspectors/divers. The inspection is scheduled for July 2.
- Waste Water Treatment Plant Project. The commissioning of the new plant started today. A two month process is required to make sure everything is functioning right.
- Street Projects. The City recieved quotes on Friday for Front, Sugar Creek, and Zeller.
- 270th Street Project. Staff will be reviewing the project on Thursday. Bids for consideration will be received in July.
- ASR Well. The schematic design pack almost complete.

City Administrator Report. City Administrator Heiar updated Council regarding the Highway 965 presentation The meeting has been postponed with no date set, yet. The main point of contact is active in the National Guard and not working in the office at this time due to floods. The Telecommunications Commission has postponed their meeting to the second week of July due to lack of quorum. The Parks & Recreation Commission will not meeting in July due to lack of quorum.

Kuhl expressed concern with commissions not meeting. Council Kuhl inquired if the City was keeping track of flood costs.

Councilor Chipman provided that the Council could meet to discuss Highway 965 in a work session rather than immediately before a Council meeting.

Mayor Report. Mayor Salm talked about the flood. He thanked everyone for helping out our neighbors.

ECICOG Solid Waste Comprehensive Plan. Jennifer Jordan from the Iowa City Landfill and Recycling Center presented a summary of the Plan. The plan is updated every three to four years.

Donahue moved, Kuhl seconded to approve Resolution Number 08-61, A Resolution Approving The East Central Iowa Council of Governments Regional Comprehensive Integrated Solid Waste Management Plan 2008-2014. After discussion, the vote was: ayes – Wozniak, Hoffman, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Sewer Rate. The Mayor opened the public hearing regarding amending the rate charged for sewer consumption at 7:24 p.m. No oral or written comments were received. Council discussed the rate changes at great length. The public hearing was closed at 7:54 p.m.

Hoffman moved, Donahue seconded to approve the first consideration of Ordinance Number 08-29, An Ordinance Amending Chapter 13.16, Entitled “Sewer Rates and Charges,” of the Municipal Code of North Liberty by Repealing Section 13.16.020, “Service Charge Schedule,” therein to increase the Rates and Charges for Sewer Service with the reference to $18.77 being amended to $21.82. Councilor Kuhl requested that staff come back no later than the third reading on capacity issues. After discussion, the vote was: ayes – Hoffman, Chipman, Donahue, Wozniak; nays – Kuhl. Motion carried.

Water Rate. The Mayor opened the public hearing regarding amending the rate charged for water consumption at 7:56 p.m. No oral or written comments were received. The public hearing was closed.

Chipman moved, Wozniak seconded to approve the first consideration of Ordinance Number 08-30, An Ordinance Amending Chapter 13.08, Entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by Repealing Section 13.08.030, “Rates and Charges Established,” by adopting in lieu thereof new Section 13.08.03 to increase the charges for water used. After discussion, the vote was: ayes – Hoffman, Wozniak, Donahue, Kuhl, Chipman; nays – none. Motion carried.

Community Center Room Rental Policy. Brian Motley, Assistant Recreation Director, presented the updated Community Center Room Rental Policy. Council discussed the proposed policy. Council made recommendations regarding the policy.

Hoffman moved, Chipman seconded to approve Resolution Number 08-62, A Resolution Approving the Community Center Room Rental Policy. After discussion, the vote was: ayes – Chipman, Hoffman; nays – Donahue, Kuhl, Wozniak. Motion failed.

Johnson County Refuse Contract. Steve Smith, Johnson County Refuse, presented information regarding his request.

Hoffman moved, Kuhl seconded to approve Resolution Number 08-63, A Resolution to Approve the Addendum to the Agreement for Refuse Collection Services between the City of North Liberty and Johnson County Refuse Inc. to amend the amount charged for trash pick up. After discussion, the vote was: ayes – Chipman, Wozniak, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

ASR Well Easement. Kuhl moved, Donahue seconded to approve Resolution Number 08-64, A Resolution Approving the Permanent Easement Agreement between the City of North Liberty and Creekside Commons Homeowners Association for the ASR Well Project. After discussion, the vote was: ayes – Wozniak, Donahue, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Through Street Designation. At 8:31 p.m., the Mayor opened the public hearing regarding the designation of Jordan Street as a through street. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Chipman seconded to approve the first consideration of Ordinance Number 08-26, 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 and to set forth the Requirements for Designating Placement of Stops for Motor Vehicles enter into Through Streets. After discussion, the vote was: ayes – Hoffman, Kuhl, Wozniak, Chipman; nays – Donahue. Motion carried.

Assessment Resolution. Hoffman moved, Donahue seconded to approve Resolution Number 08-65, 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 – Kuhl, Chipman, Donahue, Hoffman, Wozniak; nays – none. Motion carried.

Villas Development Public Improvements Acceptance. Kuhl moved, Hoffman seconded to approve Resolution Number 08-66, A Resolution Accepting the Public Improvements in the Villas Subdivision, Parts One, Two, Three, and Four, North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Hoffman, Kuhl, Wozniak, Chipman; nays – none. Motion carried.

Street Projects. Hoffman moved, Wozniak seconded to approve Resolution Number 08-67, A Resolution Accepting the Bid for Front Street Asphalt Overlay project. After discussion, the vote was: ayes – Kuhl, Chipman, Wozniak, Donahue, Hoffman; nays – none. Motion carried.

Hoffman moved, Wozniak seconded to approve Resolution Number 08-68, A Resolution Accepting the Bid for Sugar Creek Lane Asphalt Overlay project. After discussion, the vote was: ayes – Chipman, Donahue, Hoffman, Kuhl, Wozniak; nays – none. Motion carried.

Chipman moved, Hoffman seconded to approve Resolution Number 08-69, A Resolution Accepting the Bid for Zeller Street Asphalt Overlay project. After discussion, the vote was: ayes – Hoffman, Wozniak, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Board/Commission Appointment Ordinance. Wozniak moved, Hoffman seconded to approve the Second consideration of Ordinance Number 08-21, An Ordinance Amending Certain Chapters of Title 2, Entitled “Administration and Personnel”, and Certain Sections of the Zoning Ordinance of the North Liberty Municipal Code by amending provisions pertaining to city boards and commissions. After discussion, the vote was: ayes – Wozniak, Donahue, Chipman, Hoffman, Kuhl; nays – none. Motion carried.

Hoffman moved, Kuhl seconded to approve Resolution Number 08-70, A Resolution Approving a Policy regarding Board/Commission Appointments. After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Donahue, Wozniak; nays – none. Motion carried.

Alberhasky Property Rezoning. Wheatley presented an update regarding the Alberhasky property rezoning request. He requested input from Council regarding the rezoning requests. Council discussed their thoughts with staff.

Kuhl moved, Hoffman seconded to approve the first 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 – Hoffman, Wozniak, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Donahue moved, Kuhl seconded to table the remaining ordinance changes for the Alberhasky Farms Limited Partnership. After discussion, the vote was: ayes – Wozniak, Kuhl, Donahue, Chipman; nays – Hoffman. Motion carried.

Old Business. No old business was offered.

New Business. Wozniak suggested a worksession on rates and costs. He asked for creative ways to alleviate upward pressure on rates and costs.

Closed Sessions. At 9:16 p.m., Chipman moved, Kuhl seconded to go into closed session to discuss property acquisition pursuant to Iowa Code Section 21.5(j). The vote was: ayes – Chipman, Donahue, Hoffman, Kuhl, Wozniak; nays – none. Motion carried.

At 9:55 p.m., Donahue moved, Wozniak seconded to leave closed session. The vote was: ayes – Wozniak, Kuhl, Hoffman, Donahue, Chipman; nays – none. Motion carried.

At 10:00 p.m., Kuhl moved, Wozniak seconded to move into closed session to evaluate the performance of certain individuals pursuant to Iowa Code Section 21.5(i). The vote was: ayes – Kuhl, Donahue, Chipman, Wozniak, Hoffman; nays – none. Motion carried.

At 10:30 p.m., Kuhl moved, Wozniak seconded to move back into regular session. The vote was: ayes – Hoffman, Wozniak, Chipman, Donahue, Kuhl; nays – none. Motion carried.

Adjourn. At 10:30 p.m., Kuhl moved, Chipman seconded to adjourn. All ayes. Meeting adjourned.