City Council Minutes July 28, 2009 (Work session and Regular session)

North Liberty City Council
July 28, 2009
Work Session & Regular Session

At 6:00 p.m., Mayor Salm called the July 28, 2009 work session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, and Kuhl; absent – Wozniak.

Others present: Ryan Heiar, City Administrator; Tracey Mulcahey, Assistant City Administrator; Dave Hoeksema; Dee Crowner, Library Director; Cindy Diouf; Bill Montgomery; Bill Mausser; Lori Lindner; Corinne Lemmage and other interested parties.
Chipman moved, Kuhl seconded to approve the agenda. The vote was: ayes Hoffman, Kuhl, Donahue, Chipman; nays – none; absent – Wozniak. Motion carried.
Fundraising Study for Library Expansion. David Hoeksema presented the Library Expansion Fundraising Study. Hoeksema presented a recommended process for proceeding with the Library Expansion project.

At 6:10 p.m., Councilor Wozniak arrived.
Council consensus was to review TIF fund availability for this project before it moves ahead. After this number is produced, the Council will review the project in the context of all other capital planning projects. More discussion will be occurring regarding this topic.
Council recessed from the work session at 6:55 p.m.

Regular Session
At 7:05 p.m., Mayor Salm called the July 28, 2009 regular session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Kuhl and Wozniak; absent – none.

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.

Consent Agenda. Donahue moved, Kuhl seconded to approve the Consent Agenda including City Council Minutes, Regular Meeting – July 14, 2009; the attached list of claims; June Revenues; Liquor License Application for Catered by Charlotte – 745 Community Drive, Class C Liquor License with Catering Privilege; Liquor License Application for DCs North Liberty – 245 Beaver Kreek, #A, Class C Liquor License with Sunday Sales; Liquor License Application for Corridor Convenience Class C Beer, carryout wine and Sunday sales; Liquor License Application for Café Brown Bottle, Class C Liquor License with Sunday Sales; and the Penn Street/I-380 Project Pay Application Number 7 for $72,372.87 to Metro Pavers. After discussion, the vote was: ayes – Wozniak, Donahue, Chipman, Hoffman, Kuhl; nays – none. Motion carried.

Public Comment. Brad Klaes, 215 N. Front Street, commented on the increase in traffic on Front Street. He asked about a study that was completed in the past to close off Front Street at City Hall to slow traffic down on Front Street.

City Attorney Report. City Attorney Peterson offered information regarding the legislative update provided in the packet. A Sex Offender policy is being drafted and reviewed by Library Board. He anticipates the policy and application for authorization to enter the library should be coming forward in the next few months. This policy only applies to sex offenders with convictions against minors. He reported that gender balanced boards and committees will be required in 2½ years. Councilor Kuhl requested a list of board members with their genders.

City Engineer Report. City Engineer Trom reported on the following:
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Waste Water Treatment Plant Dehumidification Project. The unit has been ordered. Bid documents were issued last Friday.
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Cornerstone Nature Area. The preconstruction meeting was held this afternoon. Substantial completion is scheduled for October 2.
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ASR Well. The driveway to the new building will be completed first. The substantial completion date is December 18.
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Trom is on vacation Friday and all of next week.
Council asked about public relations with neighbors relating to the ASR Well Project. Trom reported that staff has not heard anything in a while. Information is being sent to the association for communication out to residents.
Council Kuhl asked about basement ordinances. Heiar asked if there was something more specific desired. Council and staff discussed sump pumps, water tables and permitting construction differently to move water away from the house naturally versus having a sump pump do all the work.

City Administrator Report. City Administrator Heiar reported on the following:
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Forevergreen Road Reconstruction. Staff is continuing to meet with property owners. The discussions are specific to each individual property. This project will begin construction next fiscal year. The project is progressing, just not as quickly as previously expected.
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Highway 965. The check plans are due to state in next week. McClure Engineering and Heiar have been meeting with property owners adjacent to the street. The owners are excited about the project. The plan is to talk to all owners along the roadway. A November bid letting is expected with spring construction.
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IJOBS Allocation in Road Use funds. The amount the City is to receive has been reduced by 50% to $70,000 total over the course of two years.

Mayor Report. Mayor Salm announced that city elections are coming up in November. North Liberty will have two council seats and the Mayor’s seat available. Mayor Salm announced his plans to run in the fall.

Cemetery Board Appointment. Donahue moved, Wozniak seconded to approve the Reappointment of Chris Croy to the Cemetery Board. The vote was: ayes – Donahue, Kuhl, Wozniak, Chipman, Hoffman; nays – none. Motion carried.
Planning and Zoning Commission Appointment. Hoffman moved, Wozniak seconded to approve the appointment of Seth Anderson to the Planning and Zoning Commission. The vote was: ayes –Hoffman, Wozniak, Chipman, Kuhl, Donahue; nays – none. Motion carried.

West Village Subdivision. Donahue moved, Hoffman seconded to approve Resolution Number 09-87, A Resolution Approving the installation of streetlights in West Village Subdivision Part 1 according to the terms set forth in the existing street light contract. The vote was: ayes – Kuhl, Chipman, Hoffman, Donahue, Wozniak; nays – none. Motion carried.
Fun Run/Walk. Chipman moved, Wozniak seconded to approve Resolution Number 09-88, A Resolution Authorizing the use of City streets and temporary street closings for the Annual North Liberty Chamber Steering Committee Fun Run/Walk. The vote was ayes – Donahue, Hoffman, Chipman, Wozniak, Kuhl; nays – none. Motion carried.

Cornerstone Nature Area. Donahue moved, Hoffman seconded to approve Resolution Number 09-89, A Resolution Approving the Trail Construction Agreement between the City of North Liberty and Arlington Development, Inc. regarding trail improvements relating to the Cornerstone Nature Area Project. The vote was: ayes – Chipman, Kuhl, Wozniak, Hoffman, Donahue; nays – none. Motion carried.

MidAmerica Hobbies Property. At 7:25 p.m., Mayor Salm opened the public hearing regarding disposal of property. No oral or written comments were received. The public hearing was closed.
City Attorney Peterson provided an update to Council regarding this agenda item.
Kuhl moved, Chipman seconded to table Resolution Number 09-90, A Resolution Disposing of Certain Real Estate and Approving Issuance of a Deed to the next Council meeting. After discussion, the vote was: ayes – Hoffman, Wozniak, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Building Code Amendment. At 7:30 p.m., Mayor Salm opened the public hearing regarding the proposed Building Code Amendment. No oral or written comments were received. The public hearing was closed.
Chipman moved, Kuhl seconded to approve the first consideration of Ordinance Number 09-09, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled “Buildings and Construction” by repealing Chapters 15.01 and 15.03 and Adopting in lieu thereof new Chapters 15.01 and 15.03 to adopt the latest Building and Fire Codes to be utilized by the City of North Liberty, Iowa. After discussion, the vote was: ayes – Wozniak, Kuhl, Hoffman, Donahue, Chipman; nays – none. Motion carried.

Ag Land Ordinance Amendment. Donahue moved, Wozniak seconded to approve the third consideration and adoption 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 – Chipman, Hoffman, Wozniak, Kuhl, Donahue; nays – none. Motion carried.

Creekside Commons, Part 2A Rezoning. Kuhl moved, Wozniak seconded to approve the third consideration and adoption 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 – Hoffman, Kuhl, Donahue, Chipman, Wozniak; nays – none. Motion carried.

New Business. Councilor Kuhl took the train ride with governor from Coralville to West Liberty. Proposed passenger rail service between Iowa City and Chicago is economical with an estimated round trip fare of $40. As a supporter of mass transportation, he recommended that Council should get behind 3
it. The project has $32.5 million in Federal stimulus funding. The Iowa Legislature has appropriated $3 million for this project, if needed. Train will travel at about 80 mph, making for a four-hour trip.
Adjourn. At 7:40 p.m., Kuhl moved, Chipman seconded to adjourn. All ayes. Meeting adjourned.