City Council Minutes June 23, 2009

North Liberty City Council
June 23, 2009
Regular Session

At 7:00 p.m., Mayor Salm called the June 23, 2009 regular session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Kuhl and Wozniak; absent – Hoffman.

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

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

Consent Agenda. Donahue moved, Wozniak seconded to approve the Consent Agenda including City Council Minutes of the Regular Meeting on June 9, 2009, the ASR Well Project Pay Application #8 for Layne Western Co. in the amount of $111,862.50, Liquor License Renewal for Yang Chow Wok, Class C Liquor License with Sunday Sales, and the attached list of claims. The vote was: ayes – Wozniak, Kuhl, Chipman, Donahue; nays – none; absent – Hoffman. Motion carried.

Public Comment. No public comment was offered.

City Attorney Report. No report was submitted.

City Engineer Report. City Engineer Trom reported on the following projects:
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ASR Well Bid Pack 2. The notice of award, contract, and administrative instructions have been sent to WRH. The preconstruction meeting is scheduled for July 2. The notice to proceed will be issued then. There has been discussion with the contractor regarding the two year warranty on the pump. The possibility of a pump with a one year warranty and a $50,000 deduct is being discussed. Council will be asked to approve any change orders relating to the project.
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Cornerstone Nature Area. Bids due July 9. Trom provided information regarding some local bids received recently.

City Administrator Report. City Administrator Heiar offered the following updates:
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IJOBS bill. Heiar and Mulcahey attended a workshop relating to IJOBS. Most funding is targeted to disaster related projects. The City of North Liberty will receive an estimated $124,000 in road use funds in two payments during the next two Julys. The city will have two years to expend those funds
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Forevergreen Project. Staff has completed meetings with neighbors. A neighborhood representative will be providing an update to Heiar soon.
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Highway 965. Staff is continuing to meet with McClure. We are waiting on IDOT improvements regarding certain alignments. Staff anticipates an October bid.
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Telecommunications Commission Meeting. The next meeting is set for July 21 at 6:30 p.m. This is a joint meeting with Coralville’s Commission at Penn Meadows Park.
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EDA Proposal. The Iowa City Chamber, Coralville, Iowa City, Cedar Rapids, and North LIBerty are working on proposal for EDA funds to create long term economic development strategies for the region.

Mayor Report. Mayor Salm reported on letter received from Steve Rudin of Bicyclists of Iowa City regarding North Liberty’s non-support of the Metro Bike Plan. The City has requested to work with JCCOG on our trails plan to incorporate and connect the two plans rather than having two very separate documents being approved.

Board and Commission Appointments. Mayor Salm listed the Board and Commission Appointments he is recommending. The following appointments will be made: Planning & Zoning — Bill Mausser, Planning & Zoning — Carol Haack, Board of Adjustment — Brian White, Parks & Recreation — Shelby Behrens; Parks & Recreation — Kerry Fitzpatrick; Parks & Recreation — Deanna Kerschen; Library — Margaret Logan; Library — John Henk, Telecommunications– Denise Schechinger.
Donahue moved, Chipman seconded to approve these appointments. After discussion, the vote was: ayes – Kuhl, Chipman, Donahue, Wozniak; nays – none; absent – Hoffman. Motion carried.

Blues and BBQ Report. Cheryle Caplinger presented information regarding the 2009 Blues and BBQ Festival.

West Lake Streetlight Installation. Donahue moved, Wozniak seconded to approve Resolution Number 09-67, A Resolution Approving the Installation of Street Lights in West Lake Subdivision, Part 4 according to the terms set forth in the existing Street Light Contract. After discussion, the vote was: ayes – Kuhl, Chipman, Donahue, Wozniak; nays – none; absent – Hoffman. Motion carried.

Tobacco Permits. Wozniak moved, Donahue seconded to approve Resolution Number 09-68, A Resolution Approving Renewal of Tobacco Licenses for the Period of July 1, 2009 to June 30, 2010 for businesses in North Liberty, Iowa. The vote was: ayes – Kuhl, Wozniak, Donahue, Chipman; nays – none; absent – Hoffman. Motion carried.

Salary Resolution. Kuhl moved, Chipman seconded to approve Resolution Number 09-69, A Resolution authorizing Salaries and Hourly Wages for City Employees for the Fiscal Year of July 1, 2009 through June 30, 2010. After discussion, the vote was: ayes – Chipman, Wozniak, Kuhl; nays – Donahue; absent – Hoffman. Motion carried.

Metal Roof Ordinance Amendment. Wozniak moved, Donahue seconded to approve the second consideration of Ordinance Number 09-06, An Ordinance Amending Section 1612, Title 17, Zoning Code of the North Liberty Municipal Code regarding Metal Roof Requirements. The vote was: ayes – Donahue, Wozniak, Kuhl, Chipman; nays – none; absent – Hoffman. Motion carried. Council would like to see samples before the final reading is approved.

Ag Land Ordinance Amendment. At 7:30 p.m., Mayor Salm opened the Public Hearing regarding Ag Land Ordinance Amendment. No oral or written comments were received. The public hearing was closed.
Chipman moved, Wozniak seconded to approve the first 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. After discussion, the vote was: ayes – Wozniak, Kuhl, Chipman, Donahue; nays – none; absent – Hofman. Motion carried.

Creekside Commons, Part 2A Rezoning. At 7:35 p.m., Mayor Salm opened the Public Hearing regarding the request of Roller Development LLC to amend the zoning on part of Lot 2 in Creekside Commons, Part 2. No oral or written comments were received. The public hearing was closed.
Donahue moved, Wozniak seconded to approve the first 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 in the North Liberty Municipal Code for the RD-10 Duplex Residential District. The vote was: ayes – Kuhl, Wozniak, Donahue, Chipman; nays – none; absent – Hoffman. Motion carried.

Cornerstone Nature Area. At 7:37 p.m., Mayor Salm opened the Public Hearing regarding proposed plans, specifications, form of contract, and estimated cost of the Cornerstone Park Nature Area. Written comments from Brent Smith were entered into the record. The public hearing was closed.
Kuhl moved, Wozniak seconded to approve Resolution Number 09-70, A Resolution Approving Plans, Specifications, Form of Contract and Estimate of cost for the Cornerstone

Nature Area Project. After discussion, the vote was: ayes – Kuhl, Chipman, Wozniak, Donahue; nays – none; absent – Hoffman. Motion carried.
The Boulders Developer’s Agreement. Kuhl moved, Wozniak seconded to approve Resolution Number 09-71, A Resolution Approving the Developer’s Agreement between the City of North Liberty and The Boulders LLC that establishes the terms and conditions under which The Boulders Subdivision will be developed in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Chipman, Wozniak, Donahue, Kuhl; nays – none; absent – Hoffman. Motion carried.

Johnson County Law Enforcement 28E. Kuhl moved, Donahue seconded to approve Resolution Number 09-72, A Resolution Approving the Agreement between Johnson County, Iowa and North Liberty, Iowa regarding Police Protection and Radio Dispatch Services. After discussion, the vote was: ayes – Donahue, Kuhl, Chipman, Wozniak; nays – none; absent – Hoffman. Motion carried.

Assessment Resolution. Kuhl moved, Wozniak seconded to approve Resolution Number 09-73, A Resolution Authorizing the Assessment of Delinquent Amounts owed to the City of North Liberty, Iowa to Individual Property Taxes. The vote was: ayes – Wozniak, Chipman, Donahue, Kuhl; nays – none; absent – Hoffman. Motion carried.

Wastewater Treatment Plant Pump Room Dehumidification Project. Chipman moved, Wozniak seconded to approve Resolution Number 09-74, A Resolution Approving Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for services relating to Wastewater Treatment Plant Pump Room Dehumidification Project, North Liberty, Iowa. After discussion, the vote was: ayes –Chipman, Wozniak, Donahue, Kuhl; nays – none; absent – Hoffman. Motion carried.

ASR Well Bid Package Number 2. Kuhl moved, Donahue seconded to approve Resolution Number 09-75, A Resolution relating to the financing of certain proposed projects to be undertaken by the City of North Liberty, Iowa; establishing compliance with reimbursement bond regulations under the Internal Revenue Code. After discussion, the vote was: ayes – Kuhl, Donahue, Chipman, Wozniak; nays – none; absent – Hoffman. Motion carried.

New Business. Councilor Wozniak suggested that the Tree & Stormwater Board and the Planning and Zoning Commission have joint meeting to discuss drainage/development issues to identify issues, strategize how to handle the issues, and how to better get ahead of the issue. He encouraged the use of board for policy development.

Property Purchase. At 7:55 p.m. Kuhl moved, Chipman 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 – Chipman, Wozniak, Kuhl, Donahue; nays – none; absent – Hoffman. Motion carried.

At 8:00 p.m., Councilor Hoffman arrived.

At 8:40 p.m., Chipman moved, Wozniak seconded to return to open session. The vote was: ayes – Donahue, Kuhl, Hoffman, Wozniak, Chipman; nays – none. Motion carried.

City Administrator Evaluation. At 8:44 p.m., Chipman moved, Wozniak seconded to move into Closed Session under Iowa Code Section 21.5.1(i), to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session. The vote was: ayes – Wozniak, Hoffman, Chipman, Kuhl, Donahue; nays – none. Motion carried.
At 9:30 p.m. Kuhl moved, Wozniak seconded to move back into open session. The vote was: ayes – Hoffman, Kuhl, Chipman, Donahue, Wozniak; nays – none. Motion carried.

Adjournment. At 9:31 p.m. Kuhl moved, Wozniak seconded to adjourn. All ayes. Meeting adjourned.