City Council Minutes September 23, 2008

North Liberty City Council
September 23, 2008
Regular Session

Mayor 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, City Planner Dean Wheatley, City Clerk Tracey Mulcahey, Cheryle Caplinger, Don Volz – Southslope, Steve Troyer – Fox Engineering, Bill Mausser, Carrie Dwyer, Levi Woods, Heidi Woods, and other interested citizens.

Approval of the Agenda. Donahue moved, Chipman seconded to approve the agenda with the removal of item 2k from the consent agenda into its own item. After discussion, the vote was: ayes – Donahue, Hoffman, Wozniak, Chipman, Kuhl; nays – none. Motion carried.

Consent Agenda. Hoffman moved, Wozniak seconded to approve the consent agenda including the Library Report, City Council Minutes – Regular Council Meeting – September 9, 2008, City Council Minutes – Special Council Meeting – September 16, 2008, the attached list of Bills, August Revenues, St. Andrews Drive Project – Pay Request Number 1, LL Pelling $128,147.56, Roadies (new license), Class C Liquor License Sunday Sales and Outdoor Service, Club 76 Event at Southslope, 10/21/08, Class C License, North Liberty Fireman’s Dance, 10/11/08, Class B Beer Permit, , Library Operational Policy, and Library Board of Trustees Bylaws. After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl, Donahue, Wozniak; nays – none. Motion carried.

Assessment Resolution. Donahue moved, Wozniak seconded to approve Resolution Number 08-98, 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 – Wozniak, Chipman, Kuhl, Donahue, Hoffman; nays – none. Motion carried.

Public Comment. Levi Wood of 125 W. Cherry Street spoke regarding the noise from the new Southslope building. Salm clarified that Council will listen, but not take action tonight.

Caryl Lyons of 210 N. George reported that she does not hear it as much, but it is constant.

Karen Johnson of 105 N. Main Street presented a map of a walking survey where the noise can be heard.

Susan Miller, 245 N. George Street, reported that she can hear it 24 hours a day with windows closed and the air conditioning.

Jackie Patten stated that it is an industrial noise. As a realtor she can’t see owners getting return of investment in properties because of this building and the noise.

Wayne Glen of 230 N. George works for VJ Engineering. He moved here because previous location was too loud.

Heidi Wood, 125 W. Cherry Street, encouraged council to visit site and see what is going on and how this affects property values and quality of life.

Don Volz representing Southslope stated that they are trying to be a good neighbor. The company has installed many different improvements to lower decibels. The improvements have lowered it from 60 to 49 decibels. Southslope is not done with the improvements to reduce the noise as much as possible.

Mayor Salm asked to allow Southslope to continue working on it. He asked that Southslope keep City staff informed.

Jim Miller of 245 N. George Street stated that this has been ongoing for five months.

City Attorney Report. City Attorney Peterson had nothing additional to report.

City Engineer Report. City Engineer Trom updated Council on the following projects:
• I380 Interchange. Construction continues on the project. LL Pelling will be finishing paving tomorrow. Pavement markings, guard rails, seeding, signage, granular shoulders remain to be completed. Signal poles will be installed October 6.
• WWTP. Construction continues mainly on tank project. The contractor is making good progress. Treatment process producing really good quality effluent. The equalization basin is drained. No more odors should be occurring.

City Administrator Report. City Administrator Heiar reported that two waste water glitches with the new plant have occurred on weekends resulting in staff being called in. On October 21, a work session will be occurring with a tour of the new waste water plant starting at 5:30 p.m. Department heads will be participating in a team building exercise with Jeff Schott in late October. Staff will be meeting with McClure regarding the final points on the Highway 965 plan with hopes of bringing the final plan to council here shortly.

Mayor Report. Mayor Salm reported that the RAGBRAI committee has been discussing potential uses of the funds. Approximately $13,000 in funds remain.

ASR Well Project.
Hoffman moved, Kuhl seconded to bring the ASR Well Project back to the table. After discussion, the vote was: ayes – Kuhl, Donahue, Wozniak, Hoffman, Chipman; nays – none. Motion carried.

Hoffman moved, Chipman seconded to approve Resolution Number 08-91, A Resolution approving the plans, specifications, form of contract and estimate of cost for the ASR Well Bid Pack 1 Project. After discussion, the vote was: ayes – Chipman, Kuhl, Wozniak, Hoffman; nays – Donahue. Motion carried.

Hoffman moved, Wozniak seconded to approve Resolution Number 08-92, A Resolution Approving Agreement between the City of North Liberty and Layne Western for the ASR Well Bid Pack 1 Project. After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl, Wozniak; nays – none; present – Donahue. Motion carried.

Gerdin Conference Center Divider Project.

At 7:46 p.m., Mayor Salm opened the public hearing regarding plans, specifications, form of contract and estimate of cost for the Gerdin Conference Center Divider Project. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Wozniak seconded to approve Resolution Number 08-99, A Resolution approving the plans, specifications, form of contract and estimate of cost for the Gerdin Conference Center Divider Project. The vote was: ayes – Hoffman, Chipman, Kuhl, Wozniak, Donahue; nays – none. Motion carried.

Chipman moved, Kuhl seconded to approve Resolution Number 08-100, A Resolution Approving agreement between the City of North Liberty and Selzer Werderitsch Associates for the Gerdin Conference Center Divider Project. After discussion, the vote was: ayes – Donahue, Hoffman, Wozniak, Chipman, Kuhl; nays – none. Motion carried.

Hazard Mitigation Planning Service Agreement.
Donahue moved, Hoffman seconded to approve Resolution Number 08-101, A Resolution Approving an Agreement between the City of North Liberty and the East Central Iowa Council of Governments for the purpose of contracting for Hazard Mitigation Planning Services. After discussion, the vote was: ayes – Chipman, Wozniak, Hoffman, Donahue, Kuhl; nays – none. Motion carried.

Applicant Standing Ordinances.
Kuhl moved, Hoffman seconded to approve the second consideration of Ordinance Number 08-36, An Ordinance amending the Subdivision Ordinance, “Chapter 16.04 of Title 16, entitled “General Provisions” by adding a provision pertaining to Applicant’s Responsibilities. The vote was: ayes – Wozniak, Kuhl, Chipman, Hoffman, Donahue; nays – none. Motion carried.

Hoffman moved, Kuhl seconded to approve the second consideration of Ordinance Number 08-37, An Ordinance amending the Zoning Ordinance, Chapter 2 of Title 17, entitled “Organization and Enforcement” by adding a section pertaining to Applicant’s Responsibilities. The vote was: ayes – Kuhl, Donahue, Wozniak, Hoffman, Chipman; nays – none. Motion carried.

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

Karen Johnson, 105 N. Main Street, stated that the ordinance is absurd and that two inches of snow is not an emergency. She cited West Branch’s snow policy. Johnson stated that the whole ordinance needs to be rethought.

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

Old Business. None.

New Business. Councilor Chipman congratulated Jim Wozniak on being sworn in to officially practice law in Iowa. Chipman reported that the League of Cities conference was a great session. She encouraged councilors to review the Iowa League of Cities website for conference information. Councilor Donahue was recognized for his service with the League. Donahue is now serving on the Institute of Public Affairs Board. Councilor Kuhl will be attending the October 11, 2008 IDOT meeting in Muscatine regarding mass transit issues in the state of Iowa. Kuhl encouraged residents to attend the Iowa City Community

School District is hosting input sessions regarding the new boundaries of schools on September 24 at Van Allen Elementary and October 1 at Penn Elementary both at 7 p.m.

At 7:59 p.m., Kuhl moved, Wozniak seconded to move into closed session under Iowa Code Section 21.5.1(j), To discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. The vote was: ayes – Donahue, Hoffman, Wozniak, Chipman, Kuhl; nays – none. Motion carried.

At 8:52 p.m., Wozniak moved, Chipman seconded to return to open session. The vote was: ayes – Wozniak, Chipman, Kuhl, Hoffman, Donahue; nays – none. Motion carried.

Adjourn. At 8:52 p.m., Kuhl moved, Hoffman seconded to adjourn. All ayes. Meeting adjourned.