City Council Minutes May 13, 2008

North Liberty City Council
May 13, 2008

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

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

Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, Assistant City Administrator Tracey Mulcahey, City Engineer Kevin Trom, Brian Motley, Arie Hovenkamp, Laura Bergus, Cheryle Caplinger, David Moore, Terri Keenan, Duane Musser, Adam Bohr, Jason Dumont, Melissa Butcher, Bill Mausser and other interested citizens.

Approval of the Agenda. Chipman moved, Kuhl seconded to approve the agenda with the elimination of items lettered C, D, and E under agenda item number 9. The vote was: ayes – Hoffman, Wozniak, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Consent agenda. Donahue moved, Hoffman seconded to approve the consent agenda with the Fire Department Annual reports, Department head monthly reports, Parks & Recreation Commission minutes, Planning and Zoning Commission minutes, Tree and Stormwater Board minutes, Telecommunications Commission minutes, City Council Minutes – Regular Meeting – April 8, 2008, City Council Minutes – Regular Meeting – April 22, 2008, Liquor License Application – Fun Days – Club 76 – Class B Beer Permit, Liquor License Application – Blues and BBQ Fest – Jaycees – Class B Beer Permit, May 25, 2008, Liquor License Application – Miller Wedding Reception – Southslope – May 30, 3008, Class C Liquor License, the attached list of bills, and March Revenues. After discussion, the vote was: ayes – Chipman, Donahue, Hoffman, Kuhl, Wozniak; nays – none. Motion carried.

Public Comment. None.

City Attorney Report. City Attorney Peterson and City Planner Wheatley are reviewing subdivision ordinance. Peterson encouraged council to pass any concerns regarding this section of code on to staff.

City Engineer Report. City Engineer Trom reported on the following projects:
• Penn/I-380 Project. Construction began on May 5. The first work is on the north and south bound ramp expansions. Both NLTV & the city website are providing up to date information regarding lane closures. The project allows for 105 working days in the contract. Completion is estimated to be in Fall 2008.
• Waste Water Treatment Plant. The latest construction progress meeting was held this morning. The contractor is making good progress. The mechanical contractor is essentially complete. The entire project is about one month behind. The end date is dependent on commissioning of the membrane system in the plant. No safety problems or issues have happened on this project.
• Progress Park Lake. Trom walked lake and dam with IDNR today. It is classified as a moderate hazard class dam based on land use around the dam. The IDNR did not find any issues, but had suggestions for the facility. A report will follow.
• Streets Projects. Staff is Meeting this week to talk about summer street projects. Front Street and 270th Street are slated to be improved in this construction season.

Council and the engineer discussed the 270th Street project regarding concerns about water and drainage issues on the street. Staff is having the subgrade evaluated and determining how the subgrade should be treated before the asphalt is applied.

City Administrator Report. Heiar reported on the following items:
• The City has received a letter from the Iowa City Community School District requesting participation in the construction of the new elementary school on Front Street.
• Insurance for RAGBRAI. In order for the cost of insurance for the event to remain manageable, Council will be asked to adopt the RAGBRAI committee as an ad hoc committee at the next regular scheduled meeting. With this adoption, the committee would be able to receive insurance at no extra cost.
• FY 09 Projects List. This will be an agenda item for the next regularly scheduled meeting.
• North Liberty Development. A work session will be scheduled for June 17 to discuss these items.
• Heiar reported on a meeting with contractors to ensure that all are on the same page.
• He will be doing his work day in the building department next week. He will be going along on inspections.

Mayor Salm reported that the meeting with contractors was very worthwhile with lots of good information being disseminated.

Heiar will be sending out an email tomorrow regarding the installation of a new sign at the entrance to the waste water treatment plant. The project will be funded by engineers, contractors and the operating budget.

Recreation Center Hours. Donahue moved, Hoffman seconded to approve the amended recreation center hours. After discussion, the vote was: ayes – Wozniak, Hoffman, Chipman, Donahue; nays – none; abstain – Kuhl (due to conflict of interest). Motion carried.

Tobacco Civil Penalties Violations. Chipman moved, Hoffman seconded to approve Resolution Number 08-32, A Resolution Assessing Civil Penalty of either Thirty (30) Day Retail Cigarette Permit Suspension or $1500.00 Against LD Express. After discussion, the vote was: ayes – Donahue, Wozniak, Hoffman, Kuhl, Chipman; nays — none. Motion carried.

Hoffman moved, Chipman seconded to approve Resolution Number 08-33, A Resolution Assessing $300.00 Civil Penalty Against Bob’s Place. After discussion, the vote was: ayes – Kuhl, Hoffman, Donahue, Chipman, Wozniak; nays — none. Motion carried.

Voting Precincts. At 7:21 p.m., the public hearing was opened regarding amendment of the city’s voting precincts. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Wozniak seconded to approve the first consideration of Ordinance Number 08-20, An Ordinance Amending Chapter 1.14 of the City Code regarding Voting Precincts. The vote was: ayes – Hoffman, Donahue, Chipman, Wozniak, Kuhl; nays – none. Motion carried.
Habitat for Humanity. Kuhl moved, Donahue seconded to approve Resolution Number 08-34, A Resolution Authorizing the Waiver of Building Permit fees for Habitat for Humanity. After discussion, the vote was: ayes – Chipman, Wozniak, Kuhl, Hoffman, Donahue; nays — none. Motion carried.
Penn Street/ I-380 Project. Kuhl moved, Wozniak seconded to approve the Resolution Number 08-35, A Resolution Approving Addendum Number 6-07-USTEP-23A to the Agreement Between the City of North Liberty and the Iowa Department of Transportation for USTEP Project UST-380-6(255)-4A-52 Agreement Number 6-07-USTEP-23 for the Penn Street and I-380 Interchange Improvements. The vote was: ayes – Wozniak, Kuhl, Hoffman, Donahue, Chipman; nays — none. Motion carried.

Blues and BBQ Festival. Chipman moved, Wozniak seconded to approve Resolution Number 08-36, A Resolution Authorizing the Use of Liberty Centre Park and City Equipment for Liberty Centre Blues and BBQ and Authorizing Temporary Street Closures for the Event. After discussion, the vote was: ayes – Kuhl, Hoffman, Donahue, Chipman, Wozniak; nays– none. Motion carried.

Disposal of City Property. Donahue moved, Hoffman seconded to approve Resolution Number 08-37, A Resolution Authorizing the Disposal of the City’s 2000 Dodge Ram 2500 Truck. The vote was: ayes – Hoffman, Donahue, Chipman, Wozniak, Kuhl; nays — none. Motion carried.

City Bond Issuances. Hoffman moved, Wozniak seconded to approve Resolution Number 08-38, A Resolution Setting the Public Hearing for 2008B Bond Issuance. The vote was: ayes – Donahue, Chipman, Wozniak; nays — none. Motion carried.

Donahue moved, Wozniak seconded to approve Resolution Number 08-42, A Resolution Setting the Public Hearing for 2008C Bond Issuance. After discussion regarding proposed capital projects, the vote was: ayes – Chipman, Wozniak, Kuhl, Hoffman, Donahue; nays — none. Motion carried.

Kuhl moved, Hoffman seconded to approve Resolution Number 08-43, A Resolution Setting the Public Hearing for 2008D Bond Issuance. The vote was: ayes – Wozniak, Kuhl, Hoffman, Donahue, Chipman; nays — none. Motion carried.

Kinderworld – 1250 Jordan Street Commercial Site Plan. Melissa Butcher and Duane Musser presented the commercial development site plan for Kinderworld.

The Planning and Zoning Commission recommended approval with the addition of a bike rack.

Staff feels it is a very nice site plan. The plan with the bike rack has been submitted.

Donahue moved, Wozniak seconded to approve Resolution Number 08-39, A Resolution Approving the Commercial Development Site Plan for 1250 Jordan Street, Lot 9, Corridor Commercial, Part 1A, North Liberty, Iowa. The vote was: ayes – Donahue, Hoffman, Kuhl, Chipman, Wozniak; nays — none. Motion carried.

1210 Jordan Street Site Plan. Adam Bohr presented the commercial development site plan for 1210 Jordan Street.

The Planning and Zoning Commission recommended approval with the addition of a bike rack.

Staff commented that this is another very nice building.
Hoffman moved, Chipman seconded to approve Resolution Number 08-40, A Resolution Approving the Commercial Development Site Plan for 1210 Jordan Street, Lot 10, Corridor Commercial, Part 1A, North Liberty, Iowa. The vote was: ayes – Hoffman, Donahue, Chipman, Wozniak, Kuhl; nays – none. Motion carried.

560 Madison Avenue Site Plan.
Jason Dumont made the presentation of commercial/multi-family development site plan for 560 Madison Avenue.

The Planning and Zoning Commission recommended approval.

Hoffman moved, Donahue seconded to approve Resolution Number 08-41, A Resolution Approving the Commercial/Multi-Family Development Site Plan Application for 560 Madison Avenue, Auditor’s Parcel 2002058, Liberty’s Gate Part 2, North Liberty, Iowa. After discussion, the vote was: ayes – Wozniak, Chipman, Kuhl, Donahue, Hoffman; nays – none. Motion carried.

Animal Ordinance Revisions.
Kuhl moved, Wozniak seconded to approve the third consideration and adoption of Ordinance Number 08-16, An Ordinance Amending the Pet Ordinance with the addition of the corrections as provided to council members and as published online. After discussion, the vote was: ayes – Kuhl, Hoffman, Donahue, Wozniak, Chipman; nays – none. Motion carried.

Paul Anderson Rezoning.
Hoffman moved, Wozniak seconded to approve the third consideration and adoption of Ordinance Number 07-24, An Ordinance Amending the Zoning Ordinance to change the Zoning on Property Owned by Paul Anderson. The vote was: ayes – Donahue, Chipman, Kuhl, Hoffman, Wozniak; nays – none. Motion carried.

Post-Construction Stormwater Runoff Control Ordinance.
At 7:51 p.m, the Mayor opened the public hearing. No oral or written comments were received. The public hearing was closed.

Hoffman moved, Donahue seconded the first consideration of Ordinance Number 08-11A, An Ordinance Amending Chapter 13 of the North Liberty Municipal Code adding Section 13.23,“Post-Construction Stormwater Runoff Control Ordinance.” The vote was: ayes – Chipman, Kuhl, Wozniak, Hoffman, Donahue; nays – none. Motion carried.

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

Kuhl moved, Wozniak seconded to approve the second consideration of Ordinance Number 08-11A, An Ordinance Amending Chapter 13 of the North Liberty Municipal Code adding Section 13.23,“Post-Construction Stormwater Runoff Control Ordinance.” The vote was: ayes – Donahue, Chipman, Kuhl, Wozniak, Hoffman; nays—none. Motion carried.

Wozniak moved, Chipman seconded to approve the third consideration and adoption of Ordinance Number 08-11A, An Ordinance Amending Chapter 13 of the North Liberty Municipal Code adding Section 13.23,“Post-Construction Stormwater Runoff Control Ordinance.” The vote was: ayes — Chipman, Kuhl, Wozniak, Hoffman, Donahue; nays – none. Motion carried.

Old Business. Councilor Kuhl was appointed to Corridor Regional Sports Authority District. The state of Iowa makes grants totaling $500,000. Iowa City, Coralville, North Liberty received $50,000 to promote amateur events.

Kuhl attended the dedication of Jefferson Point Affordable Assisted Living project. The new addition will be completed in the fall for a total of 60 units.

Kuhl was reappointed to City Finance Committee for four year term by Governor Culver.

Kuhl asked that Council evaluate the city engineer, city attorney, and city administrator before the start of the new fiscal year.
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Adjourn. At 8:15 p.m., Kuhl moved, Hoffman seconded to adjourn. All ayes. Motion carried.