City Council Minutes July 14, 2009

North Liberty City Council
July 14, 2009
Regular Session

At 7:00 p.m., Mayor Pro-tem Kuhl called the July 14, 2009 regular session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Kuhl and Wozniak; absent – Mayor Salm.

Others present: Ryan Heiar, City Administrator; Scott Peterson, City Attorney; Tracey Mulcahey, Assistant City Administrator; Kevin Trom, City Engineer; Lori Lindner; Corinne Lemmage and other interested parties.

Approval of the Agenda. Chipman moved, Wozniak seconded to approve the agenda. The vote was: ayes – Hoffman, Wozniak, Chipman, Donahue, Kuhl; nays – none. Motion carried.

Consent Agenda. Hoffman moved, Wozniak seconded to approve the Consent Agenda including the following: City Council Minutes. Regular Meeting. June 23, 2009, the attached list of claims, May Revenues, ASR Well Bid Pack # 2. Change Order Number One, ($51,777), ASR Well Bid Pack #1. Final Payment, $93,880.50 and Project Acceptance, and Liquor License Application. Club 76 – July 18, 2009 Event at Southslope. The vote was: ayes – Donahue, Kuhl, Wozniak, Chipman, Hoffman; nays – none. Motion carried.

Public Comment. Bill Keisel, owner of MidAmerica Hobbies 650 240th Street, spoke regarding the third parcel of property as included in the agreement signed by the City and MidAmerica Hobbies. Kuhl referred to Peterson and Heiar for follow up. Kuhl asked Heiar to email agreements out to Mayor and Council.

City Attorney Report. City Attorney Peterson reported that he will be providing the legislative session update at next meeting.

City Engineer Report. City Engineer Trom reported on the following items:
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Storms. Staff has received varying reports on amounts of rain received. Staff is assessing the issues and providing recommendations. Staff is coordinating processes with NRCS.
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Cornerstone Park. Bids were received last week. The Parks Department has cleared trees where bridge and trail will go. Alliant is working to relocate power poles.
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ASR Well Project. Part 1 is completed. The close out is being processed. The project finished $33,500 below bid price. Bid Pack 2 Project held preconstruction meeting and issued notice to proceed.
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Safety Committee. The kick off meeting is at 4:00 p.m. tomorrow at Community Center.
Councilor Donahue expressed concern for the many families affected by the storm. He ensured that staff will investigate and pursue remedies for the issues. Councilor Hoffman offered similar comments and requested that City staff review water tables and requirements for construction. 1

City Administrator Report. City Administrator Heiar reported on the following items:
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Drainage issues. Staff has required more specific things on building permits to ensure the erosion/drainage issues are addressed. Trom reported that NRCS offered that it is not isolated to North Liberty. Heiar reported that after each resident inquiry, staff visits site and has meeting afterwards to determine options for the issue. If you know of someone who has issue, refer them to the City.
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Environmental Excellence Award. Staff is anticipating an invitation from Governor’s office for awards ceremony on July 29 at 9:30 a.m. for Environmental Excellence for the Wastewater Treatment Plant Project.
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Highway 965 Project. Staff has received word that Harkin, Grassley, and Loebsack have all requested funds for Highway 965 project in the upcoming appropriations bill. Heiar expects the measure to be discussed in late July.
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Wastewater Treatment Plant. Ramsey & Heiar will be meeting with League of Women voters for tour of wastewater plant.
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Library Expansion Update. David Hoeksema is ready to present to Council. The report will be distributed by email as early as tomorrow. The presentation is scheduled for the next Council meeting.
Councilor Wozniak offered congratulations to staff that worked on Highway 965 request. This is the farthest North Liberty has ever been in the funding process.

Metal Roof Ordinance Amendment. Chipman moved, Wozniak seconded to approve the third consideration and adoption of Ordinance Number 09-06, An Ordinance Amending Section 1612, Title 17, Zoning Code of the North Liberty Municipal Code regarding Metal Roof Requirements. After discussion, the vote was: ayes – Kuhl, Chipman, Hoffman, Donahue, Wozniak; nays – none. Motion carried.

Ag Land Ordinance Amendment. Donahue moved, Wozniak seconded to approve the second consideration of Ordinance Number 09-07, An Ordinance Amending Sections 402 and 403, Title 17, Zoning Code of the North Liberty Municipal Code, Regarding Interim Development Zone Uses and Bulk Regulations. The vote was: ayes – Wozniak, Hoffman, Kuhl, Chipman, Donahue; nays – none. Motion carried.

Creekside Commons, Part 2A Rezoning. Hoffman moved, Wozniak seconded to approve the second consideration of Ordinance Number 09-08, An Ordinance amending the Zoning Ordinance to change the Use on Property owned by Roller Development, LLC located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RD-10 Duplex Residential District. The vote was: ayes – Chipman, Hoffman, Wozniak, Donahue, Kuhl; nays – none. Motion carried.

Fox Valley Subdivision, Part 2. Hoffman moved, Donahue seconded to approve Resolution Number 09-77, A Resolution Approving Final Plat and Authorizing Acceptance of Improvements, Fox Valley Subdivision, Part 2. After discussion, the vote was: ayes – Kuhl, Wozniak, Hoffman, Chipman, Donahue; nays – none. Motion carried.
Cornerstone Nature Area. Donahue moved, Hoffman seconded to approve Resolution Number 09-78, A Resolution Approving the Agreement between the City of North Liberty and Iowa Bridge and Culvert for the Cornerstone Park Nature Area Project. After discussion, the vote was: ayes – Wozniak, Chipman, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Fuel Station Project. Hoffman moved, Chipman seconded to approve Resolution Number 09-79, A Resolution Approving the Agreement Between the City of North Liberty and Acterra Group for the Fuel Station Project. The vote was: ayes – Donahue, Hoffman, Wozniak, Chipman, Kuhl; nays – none. Motion carried.

McCusker Alley Vacation. At 7:40 p.m., Mayor Pro-Tem Kuhl opened the public Hearing regarding vacation of said property. No oral or written comments were received. The public hearing was closed.
Wozniak moved, Donahue seconded to approve Resolution Number 09-80, A Resolution disposing of certain real estate and approving issuance of a deed. The vote was: ayes – Hoffman, Chipman, Kuhl, Donahue, Wozniak; nays – none. Motion carried.

Slauson (Hall) Walkway Vacation. At 7:41 p.m., Mayor Pro-tem Kuhl opened the public hearing regarding vacation of said property. No oral or written comments were received. The public hearing was closed.
Donahue moved, Hoffman seconded to approve Resolution Number 09-81, A Resolution vacating certain real estate. Peterson offered clarification that the owner of the property is actually Janice Nadine Hall. The documents have been amended accordingly. After discussion, the vote was: ayes – Wozniak, Hoffman, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Donahue moved, Hoffman seconded to approve Resolution Number 09-82, A Resolution disposing of certain real estate and approving issuance of a deed. The vote was: ayes – Kuhl, Donahue, Hoffman, Chipman, Wozniak; nays – none. Motion carried.

Depository Resolution. Chipman moved, Hoffman seconded to approve Resolution Number 09-83, A Resolution designating Hills Bank & Trust Company, US Bank, Midwest One, University of Iowa Community Credit Union, Liberty Bank and Collins Community Credit Union as Depositories for Public Funds belonging to the City of North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Chipman, Wozniak, Kuhl, Hoffman; nays – none. Motion carried.

City Attorney Contract. Wozniak moved, Hoffman seconded to approve Resolution Number 09-84, A Resolution of Appointment and Compensation Schedule for City Attorney. The vote was: ayes – Hoffman, Wozniak, Chipman, Donahue, Kuhl; nays – none. Motion carried.

Glynmor Property Acquisition. Chipman moved, Donahue seconded to approve Resolution Number 09-85, A Resolution Approving and Ratifying the Purchase of a Parcel of approximately thirty-six to forty-one acres from Glynmor, L.L.C. Heiar presented information regarding the purchase of the land for development of a west side park. Councilor Kuhl indicated he would be abstaining due to the proximity of the property being purchased to his property. After discussion, the vote was: ayes –Chipman, Wozniak, Hoffman, Donahue; nays – none; abstain – Kuhl. Motion carried.

Alberhasky Property Acquisition. Hoffman moved, Donahue seconded to approve Resolution Number 09-86, A Resolution Approving and Ratifying the Purchase of a parcel of approximately 34,180 square foot from the Alois M. Alberhasky Revocable Trust. Heiar presented information regarding the property purchase. The City will be using the property for city facilities in the future. After discussion, the vote was: ayes – Chipman, Hoffman, Donahue, Kuhl, Wozniak; nays – none. Motion carried.

Urban Renewal Area Amendment. Hoffman moved, Donahue seconded to approve Resolution Number 09-76, A Resolution Setting Date for a Public Hearing on Designation of the Expanded North Liberty Urban Renewal Area and on Urban Renewal Plan Amendment. After discussion, the vote was: ayes – Donahue, Wozniak, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

New Business. Councilor Kuhl reported that he subbed for Councilor Wozniak at June 24 JCCOG meeting. The board voted 10-4 to place the depot at the Old Rock Island depot in Coralville rather than having one in Iowa City and one in North Liberty.
Councilor Wozniak encouraged citizens to bring up things to Council before public comment so Council can be aware and reach out to staff to get things squared away.
Councilor Wozniak asked for a discussion item with the ICCSD regarding assisting with getting the high school in North Liberty.

Adjourn. At 7:56 p.m. Chipman moved, Wozniak seconded to adjourn. All ayes. Meeting adjourned.