City Council Minutes June 9, 2009

North Liberty City Council
June 9, 2009
Regular Session

At 7:00 p.m., Mayor Salm called the June 9, 2009 regular session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, and Wozniak; absent: Kuhl.

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

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

Consent Agenda. Hoffman moved, Wozniak seconded to approve the Consent Agenda including City Council Minutes, Regular Meeting, May 26, 2009; attached list of claims; and the Liquor License Renewal for Cigarette Outlet, Class E & Sunday Sales, Carryout Beer and Wine. The vote was: ayes – Hoffman, Chipman, Wozniak, Donahue; nays – none; absent – Kuhl. Motion carried.

Public Comment. No public comment was received.

City Attorney Report. City Attorney Peterson had nothing to report at this time.

City Engineer Report. City Engineer Trom reported on the following projects:
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Forevergreen Road Reconstruction. Heiar, Colony and Trom have met with all property owners along Forevergreen Road project on an individual basis.
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Low Cost Safety Study. Trom is putting the team together. JCCOG will be sending out email to schedule first meeting.
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Cornerstone Nature Area. Trom reviewed plans with city staff. He attended the neighborhood meeting last week. It was a good meeting with lots of positive comments. Trom met with Iowa Concrete Association. The Association provided a list of qualified contractors for pervious pavement. We will be sending out for bids on June 19. The public hearing will be held on June 23 and bids awarded on July 14. The project will start in August and is expected to be completed in October.
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General Development. Subdivision construction is in full swing. There are nine subdivision parts in different phases of construction and two schools being built.

City Administrator Report. City Administrator Heiar reported on the following items:
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Forevergreen Road Project. The meetings have been really positive. The last meeting is scheduled for Wednesday night. Staff is sending residents home with easements for review and comment.
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IJOBS. Heiar and Mulcahey will be attending the IJOBS seminar in Coralville tomorrow to learn more about the funding.
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KXIC AM 800 is featuring North Liberty on radio live from Liberty Door tomorrow at 9:00 a.m.
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Heiar and Wheatley attended the Jefferson Point open house on Friday.
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Heiar and Mulcahey are testing a finance planning model to determine if it meets the city’s needs.
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The City’s Waste Water Plant has received the Environmental Excellence award from Governor. The award is given to fourteen entities across Iowa.
Mayor Report. Mayor Salm reported on the following items:
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The two schools being built include Heritage Christian, held their groundbreaking on May 29 and Buford Garner School.
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The results of the series of meetings about the Library have been pretty positive about the library generally and size of expansion. Information will be provided to Council as it becomes available.
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Senator Harkin was in town on Saturday for AARP Healthcare discussion. Mayor Salm indicated there could be a Council challenge soon regarding weight loss and fitness.
Alberhasky Plat Vacation. City Attorney Peterson updated Council regarding the Alberhasky Plat Vacation. At 7:15 p.m., the Mayor opened the public hearing regarding the vacation of the previously approved Alberhasky Plat. No oral or written comments were received. The public hearing was closed.
Donahue moved, Chipman seconded to approve Resolution Number 09-54, A Resolution vacating a Part of the Final Plat of Joe Alberhasky’s First Addition recorded June 14, 1967, in Plat Book 7, Page 73, Records of Johnson County, Iowa, and Conveying by Deed those areas within the Subdivision set aside or dedicated for Public Use. The vote was: ayes – Wozniak, Donahue, Chipman, Hoffman; nays – none; absent – Kuhl. Motion carried.

Community Center Maintenance Contract. Hoffman moved, Wozniak seconded to approve Resolution Number 09-55, A Resolution approving the services agreement between the City of North Liberty and Johnson Controls, Inc. for services relating to maintenance of equipment at the North Liberty Community Center. After discussion, the vote was: ayes – Chipman, Wozniak, Hoffman, Donahue; nays – none; absent – Kuhl. Motion carried.

Storm Water Grant Program. Hoffman moved, Donahue seconded to approve Resolution Number 09-56, A Resolution Approving and Authorizing the Stormwater Quality BMP Program. After discussion, the vote was: ayes – Wozniak, Hoffman, Donahue, Chipman; nays – none; absent – Kuhl. Motion carried.
IDOT Diversion Route Agreements. Hoffman moved, Wozniak seconded to approve Resolution Number 09-57, A Resolution approving the agreements between the City of North Liberty and Iowa Department of Transportation that set forth the use of Local Agency Roads for Incident Management Temporary Detour Routes. After discussion, the vote was: ayes – Donahue, Hoffman, Chipman, Wozniak; nays – none; absent – Kuhl. Motion carried.

Penn Meadows Part 6. Hoffman moved, Chipman seconded to approve Resolution Number 09-58, A Resolution Approving the Developer’s Agreement between the City of North Liberty and Corridor Commercial Development Co that establishes the terms and conditions under which Penn Meadows, Part 6 will be developed in the City of North Liberty, Iowa. The vote was: ayes –Chipman, Wozniak, Donahue, Hoffman; nays – none; absent – Kuhl. Motion carried.

ASR Well Project, Bid Package 2. Hoffman moved, Wozniak seconded to approve Resolution Number 09-49, A Resolution Approving the Agreement between the City of North Liberty and WRH, Inc. for the 2
ASR Well Project, Bid Package 2. After discussion, the vote was: ayes – Hoffman, Wozniak, Chipman, Donahue; nays – none; absent – Kuhl. Motion carried.
Metal Roof Ordinance Amendment. At 7:30 p.m., the Mayor opened the public hearing regarding the metal roof ordinance amendment. No oral or written comments were received.

The public hearing was closed.
Mausser reported that the Planning and Zoning Commission recommended approval with no conditions. Wheatley reported that the Commission discussed this on two occasions. This amendment is to clarify the existing ordinance.
Donahue moved, Wozniak seconded to approve the first 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. After discussion, the vote was: ayes – Wozniak, Chipman, Donahue, Hoffman; nays – none; absent – Kuhl. Motion carried.

Kum & Go, LC. Site Plan. Dave Lemons made the Applicant’s Presentation. Mausser reported that the Planning and Zoning Commission recommend approval with no conditions. Wheatley reported on the process of getting the site plan ready for approval.
Donahue moved, Hoffman seconded to approve Resolution Number 09-59, A Resolution Approving the Commercial Development Site Plan for Lot Three, Saints Corridor Commercial Park, Part One, North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Hoffman, Wozniak, Chipman; nays – none; absent – Kuhl. Motion carried.
Chipman moved, Wozniak seconded to approve Resolution Number 09-60, A Resolution Approving Kum & Go, LC’s Access Request from Kansas Avenue. After discussion, the vote was: ayes – Hoffman, Chipman, Wozniak, Donahue; nays – none; absent – Kuhl.

Creekside Commons, Part 2A, Preliminary and Final Plats. Brian Crawford, McClure Engineering, made the applicant’s presentation of the Preliminary and Final Plats for Creekside Commons, Part 2A. Mausser reported that the Planning and Zoning Commission recommended approval with no conditions. Wheatley noted that there is a note on the staff recommendations. It will be done when final plat is recorded.
Donahue moved, Hoffman seconded to approve Resolution Number 09-61, A Resolution Approving the Preliminary Plat for Creekside Commons, Part 2A, North Liberty, Iowa. The vote was: ayes – Chipman, Donahue, Wozniak, Hoffman; nays – none; absent – Kuhl. Motion carried.
Chipman moved, Wozniak seconded to approve Resolution Number 09-62, A Resolution Approving the Final Plat for Creekside Commons, Part 2A, North Liberty, Iowa. The vote was: ayes – Donahue, Hoffman, Wozniak, Chipman; nays – none; absent – Kuhl. Motion carried.

Creekside Commons, Part 2A, Lot 4 Site Plan. Brian Crawford made the applicant’s presentation of the request for residential site plan approval for Creekside Commons, Part 2A, Lot 4. Mausser provided the Planning and Zoning Commission’s recommendation for approval with no conditions. Wheatley reported that the builder has been good to work with.

Donahue moved Wozniak seconded to approve Resolution Number 09-63, A Resolution Approving the Residential Development Site Plan for Lot 4, Creekside Commons, Part 2A, North Liberty, Iowa. The vote was: ayes – Wozniak, Hoffman, Donahue, Chipman; nays – none; absent – Kuhl. Motion carried.
Intercity Industrial Park, Part 3A, Lot 1 Site Plan. Brian Crawford made the presentation of the application for a commercial site plan for Intercity Industrial Park, Part 3A, Lot 1. Mausser reported that the Planning and Zoning Commission recommended approval with no conditions. Wheatley added that this owner has worked well with the layout of the lot including plantings around the building.
Hoffman moved, Wozniak seconded to approve Resolution Number 09-64, A Resolution Approving the Commercial Development Site Plan for Lot 1, Intercity Industrial Park, Part 3A, North Liberty, Iowa. The vote was: ayes – Hoffman, Donahue, Chipman, Wozniak; nays – none; absent – Kuhl. Motion carried.

Red’s Ale House, 405 N. Dubuque Street Revised Site Plan. Wheatley made the applicant’s presentation for a revised site plan at 405 N. Dubuque Street. The Planning and Zoning Commission recommended approval with the following condition: That the owner enters into an agreement and liability waiver with the city for continued use of the Main Street right-of-way, including recognition of the City’s ownership and continued right to exercise full discretion for that area.
Chipman moved, Hoffman seconded to approve Resolution Number 09-65, A Resolution Approving the Revised Commercial Development Site Plan for Red’s Ale House, 405 N. Dubuque Street, North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Chipman, Wozniak, Hoffman; nays- none; absent – Kuhl. Motion carried.

Multi-Family Trash & Recycling Enclosure Ordinance Amendment. Donahue moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 09-05, An Ordinance Amending Section 1604, Title 17, Zoning Code of the North Liberty Municipal Code Regarding Multi-Family Trash & Recycling Requirements. The vote was: ayes – Chipman, Wozniak, Hoffman, Donahue; nays – none; absent – Kuhl. Motion carried.

Assessment Resolution. Donahue moved, Hoffman seconded to approve Resolution Number 09-66, 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, Hoffman, Donahue, Chipman; nays- none; absent – Kuhl. Motion carried.

New Business. Councilor Chipman, Councilor Donahue, and Mayor Salm would like to attend the League of Cities conference.
Closed Sessions. At 8:05 p.m., Donahue moved, Wozniak seconded to move into closed session under Iowa State Code Section 21.5.1.i., to evaluate the professional competency of an individual (City Attorney) 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 – Hoffman, Donahue, Chipman, Wozniak; nays – none; absent – Kuhl. Motion carried.
At 8:26 p.m., Hoffman moved, Wozniak seconded to return to open session. The vote was: ayes – Chipman, Wozniak, Hoffman, Donahue; nays – none; absent – Kuhl. Motion carried.
At 8:28 p.m. Chipman moved, Wozniak seconded to move into closed session under Iowa State Code Section 21.5.1.i., to evaluate the professional competency of an individual (City Engineer) 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 – Donahue, Chipman, Wozniak, Hoffman; nays – none; absent – Kuhl. Motion carried.

At 8:33 p.m., Wozniak moved, Chipman seconded to return to open session. The vote was: ayes – Chipman, Wozniak, Hoffman, Donahue; nays – none; absent – Kuhl. Motion carried.
Adjourn. At 8:34 p.m., Donahue moved, Chipman seconded to adjourn. All ayes. Meeting adjourned.