City Council Minutes September 9, 2008

North Liberty City Council
September 9, 2008
Regular Session

Mayor Salm called the regular City Council meeting of the City of North Liberty to order at 7:03 p.m.

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

Others present: City Administrator Ryan Heiar, City Attorney Scott Peterson, City Engineer Kevin Trom, City Planner Dean Wheatley, City Clerk Tracey Mulcahey, Corinne Lemmage, Bill Mausser, Lori Lindner, Joe Raso, Brian Crawford and other interested citizens.

Approval of the Agenda. Chipman moved, Kuhl seconded to approve the agenda with the inclusion of the consent agenda. After discussion, the vote was: ayes – Donahue, Chipman, Kuhl; nays – none; absent – Hoffman, Wozniak. Motion carried.

Consent Agenda. Kuhl moved, Donahue seconded to approve the Consent Agenda including Building Official’s report, Park Superintendent’s report, Police Chief’s report, Recreation Director’s report, Street Superintendent’s report, Telecommunications report, Water Superintendent’s report, Wastewater Superintendent’s report, Parks and Recreation Commission minutes, Planning and Zoning Commission minutes, Telecommunications Board minutes, Tree and Stormwater Board minutes, City Council Minutes – Regular Council Meeting – August 26, 2008, City Council Minutes – Special Council Meeting – September 3, 2008, the attached list of bills, July Revenues, Waste Water Treatment Plant Pay Request #17, Staab Construction, $54,104.00, and West Trunk Sewer Main Project, Project Acceptance, Retainage Payment $2,000 – Maxwell Construction. Kuhl commented on the absences on boards and commissions. He encouraged committee members to be diligent in their attendance. After discussion, the vote was: ayes – Chipman, Kuhl, Donahue; nays – none; absent – Wozniak, Hoffman. Motion carried.

Public Comment. No public comment was received.

City Attorney Report. City Attorney Peterson had nothing additional to report. Councilor Kuhl requested a report back on collecting correct amount of hotel/motel tax in light of the news story regarding a lawsuit on the matter.

City Engineer Report. City Engineer Trom reported on the following projects:
• ASR Well. This is an agenda item tonight that will be discussed further at that time.
• Gerdin Conference Center Divider Project. The bid documents are out. The pre-bid meeting is scheduled for 9/10/08 at 10 a.m. Bids are due 9/17 and will be awarded on 9/23.
• I380 Project. The asphalt will be finished this week and next. The pavement marking subcontractor will then come in to apply markings. The contractor will be installing additional pavement markings in town. The contractor has used 61 days of 105 working days.
• Preliminary REAP grant update. North Liberty’s project was preliminarily ranked third of twenty-five projects.

Councilor Hoffman arrived at 7:09 p.m.

City Administrator Report. City Administrator Heiar reported on the following:
• Thanked and congratulated staff on the REAP grant application.
• Iowa League of Cities Conference is this week. Heiar will be there through Friday.
• Budget worksession on Tuesday, 9/16.
• Met with Sherri Kuntz, Grassley staffer. Sen. Grassley had included the Highway 965 project in the appropriations bill, but it was taken out by the committee. He will be seeking funding in the reauthorization bill. Staff will continue to seek federal help on the Highway 965 project.

Mayor Report. Mayor Salm reported that Heiar has been taking every opportunity to get in front of everyone with our project.

Iowa City Area Development Group Presentation. Joe Raso ICAD President thanked the council and the community for the annual contribution to ICAD. Raso provided information to Council regarding the annual survey of businesses.

ASR Well Project. At 7:35 p.m., Mayor Salm opened the public hearing regarding bidding requirements, contract documents, and estimate of cost for project for the ASR Well Project. Clint Gingerich from Gingerich Well Drilling presented information regarding the bid document and addendum. Gingerich reported that the bid documents list the bid receipt time was 3:00 a.m. rather than 3:00 p.m. Peterson stated that the published bid deadline and original bid documents listed 3:00 p.m. on September 3. The text of the addendum clearly states the items that have been modified from the original bid packet. Mayor Salm presented options that could be considered with this project: award to high bidder, award to low bidder, rebid it and run the risk of having additional costs with everyone knowing the numbers or table to next meeting for additional research.

Discussion was held regarding the variation in bids from Layne Western versus the three other bids received.

The public hearing was closed at 8:00 p.m.

Kuhl moved to table the award of bids for two week period of time to allow city engineer to receive comments on the low bidders work history for the last 3 years and a comparison of the content of the bids and why there is such a disparity in the bids. Hoffman seconded. The vote was: ayes – Kuhl, Hoffman, Chipman; nays – Donahue; absent – Wozniak. Motion carried.

Water Agreement. Donahue moved, Chipman seconded to approve Resolution Number 08-93, A Resolution approving the agreement between the City of North Liberty and Golfview Investors LC that sets forth terms for Water Service for Golfview Mobile Home Park relating to flood relief. The vote was: ayes – Kuhl, Donahue, Hoffman, Chipman; nays – none; absent – Wozniak. Motion carried.

Applicant Standing Ordinances. At 8:02 p.m., Mayor Salm opened the public hearing regarding the ordinance amendments regarding applicant standing. No oral or written comments were received. The public hearing was closed.

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

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

Frog Hollow Amended Site Plan. Brian Crawford from McClure Engineering made the presentation of request of Alan Arzu for amended site plan at 410 North Front Street. Changes have occurred during the construction process including concrete play area, sidewalk around site, relocation of dumpster and concrete access drive to the dumpster, parking spots for small buses.

The Planning and Zoning Commission recommended approval of the revised site plan.

Staff comments. Wheatley stated that we are not pleased to see the changes in a site plan, but this developer has been very cooperative through the process.

Hoffman moved, Chipman seconded to approve Resolution Number 08-94, A Resolution Approving the Amended Commercial Development Site Plan for Frog Hollow School located at 410 North Front Street, North Liberty, Iowa. After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl; nays – Donahue; absent – Wozniak. Motion carried.

Core Fitness Master Wall Sign Application. The Planning and Zoning Commission recommended approval with the correction of the location and a note to the developer that with each new lease a new plan is required to be submitted.

Donahue moved, Hoffman seconded to approve Resolution Number 08-95, A Resolution approving the master wall sign application for Core Fitness at 1395 Jordan Street, North Liberty, Iowa with Planning and Zoning Commission’s recommendations. The vote was: ayes – Chipman, Kuhl, Donahue, Hoffman; nays – none; absent – Wozniak. Motion carried.

Street Financial Report. Mulcahey presented a brief summary of the Street Financial Report for FY 08.

Kuhl moved, Hoffman seconded to approve Resolution Number 08-96, A Resolution Approving the Street Financial Report for FY 08. The vote was: ayes – Kuhl, Donahue, Hoffman, Chipman; nays – none; absent – Wozniak. Motion carried.

Muddy Creek Stream Gauge. Donahue moved, Hoffman seconded to approve Resolution Number 08-97, A Resolution Approving Agreement between the City of North Liberty and United States Geological Survey to participate in the funding of a Stream Gauge Station on Muddy Creek. After discussion, the vote was: ayes – Donahue, Hoffman, Chipman, Kuhl; nays – none; absent – Wozniak. Motion carried.

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

Masonry Requirement Ordinance. Chipman moved, Kuhl seconded to approve the third consideration and adoption 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, Chipman, Kuhl, Donahue, Hoffman; nays – none. Motion carried.

Old Business. None.

New Business. None.

Closed Session. At 8:31 p.m., Donahue moved, Hoffman seconded to enter into Closed Session under Iowa Code Section 21.5.1(c), to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in litigation. The vote was: ayes – Chipman, Donahue, Hoffman, Kuhl; nays – none; absent – Wozniak. Motion carried.

At 9:15 p.m., Donahue left the meeting.

At 9:20 p.m., Kuhl moved, Chipman seconded to return to open session. The vote was: ayes – Kuhl, Hoffman, Chipman; nays – none; absent – Wozniak, Donahue. Motion carried.

There was no action to report

Adjourn. At 9:20 p.m., Kuhl moved, Chipman seconded to adjourn. All ayes. Meeting adjourned.