City Council Minutes May 26, 2009

North Liberty City Council
May 26, 2009
Regular Session

At 7:00 p.m., Mayor Salm called the May 26, 2009 regular session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Kuhl, and Wozniak.

Others present: Ryan Heiar, City Administrator; Scott Peterson, City Attorney; Dean Wheatley, City Planner; Tracey Mulcahey, Assistant City Administrator; Kevin Trom, City Engineer; Edgar Colony; Adam Bohr; Karla Davis; Bill Mausser; Ray Colony; Lori Lindner; Nick Bergus and other interested parties.

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

Consent Agenda. Hoffman moved, Kuhl seconded to approve the consent agenda including the following items: City Council Minutes. Regular Meeting. May 12, 2009; ASR Well Project, Bid Package 1, Pay Request Number 7, Layne Christiansen, $87,552.00; Waste Water Treatment Plant, Staab Construction, Pay Request # 24 – $49,324.00; Liquor License Renewal, Casey’s-625 W. Zeller St-Class C Beer-Sunday sales; Beer Permit Application, North Liberty Jaycees, Class B Beer and Wine Coolers – Fun Days, the attached list of claims; and April Revenues. The vote was: ayes – Donahue, Kuhl, Chipman, Wozniak, Hoffman; nays – none. Motion carried.

Public Comment. No public comment was offered.

City Attorney Report. City Attorney Peterson asked if Council would like a legislative summary. They requested that he provide a summary.

City Engineer Report City Engineer Trom reported on the following projects:
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ASR Well Bid Package Number 1. The drilling is complete. Test pumping has provided good results. Trom expressed appreciation to the neighborhood for their patience during construction. The final construction costs are projected to be below bid costs by about $25,000.
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ASR Well Bid Package Number 2. The City opened bids last week.
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Forevergreen Road Project. Staff has started individual property owners meetings to answer questions and provide additional information regarding the project.
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Safety Study. The Kick off meeting for safety study was held this morning. The information covered includes metro area crash history data. The top five locations for crashes in North Liberty were listed. Four of the five locations are on Highway 965. The next step is to compile a multidiscipline team including fire, police, streets, city council, and a planning and zoning commission member on the committee. Councilor Donahue volunteered to participate in this committee.

City Administrator Report. City Administrator Heiar reported on the following:
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Heiar asked Mulcahey to report on Blues and BBQ Festival.
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Forevergreen Road Project. Heiar clarified that he will be scheduling meetings to discuss location of sidewalk and road. There is a chance that this project may not happen this year without easements.
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Library information gathering meetings. Heiar been involved in several of these meetings where there is discussion of the potential project.
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Cornerstone Project Neighborhood meeting. This meeting has been scheduled on site on Wednesday, June 3 from 5:30 – 6:30 p.m.

Mayor Report. Salm offered the compliments he received from attendees about the quality of the Blues/BBQ event.
Johnson County Refuse Contract. Kuhl moved, Wozniak seconded to approve Resolution Number 09-46, A Resolution Approving the Agreement for Refuse Collection Services between the City of North Liberty and Johnson County Refuse, Inc. After discussion, the vote was: ayes – Kuhl, Wozniak, Hoffman, Donahue, Chipman; nays – none. Motion carried.
Tobacco Civil Penalties. Chipman moved, Wozniak seconded to approve Resolution Number 09-47, A Resolution Accepting Payment of $300 Civil Penalty and Waiver of Right to Hearing from Bob’s Place. The vote was: ayes – Wozniak, Chipman, Donahue, Hoffman, Kuhl; nays – none. Motion carried.

Fun Days. Wozniak moved, Donahue seconded to approve Resolution Number 09-48, A Resolution Authorizing the Use of Penn Meadows Park and City Equipment for Fun Days and authorizing Temporary Street Closings in connection with the Fun Days Parade. After discussion, the vote was: ayes – Chipman, Kuhl, Donahue, Hoffman, Wozniak; nays – none. 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 ASR Well Project, Bid Package 2. Donahue moved, Kuhl seconded to table consideration of Resolution Number 09-49, A Resolution Approving the Agreement between the City of North Liberty and WRH, Inc. for the ASR Well Project, Bid Package 2 until the next City Council meeting. After discussion, the vote was: ayes – Hoffman, Donahue, Wozniak, Kuhl, Chipman; nays – none. Motion carried.

FY 09 Budget Amendment. At 7:18 p.m., the Mayor opened the Public Hearing regarding proposed FY 09 Budget Amendment. No oral or written comments were received. The public hearing was closed.
Kuhl moved, Donahue seconded to approve Resolution Number 09-51, A Resolution Amending the Current Budget for the Fiscal Year ending June 30, 2009. After discussion, the vote was: ayes – Donahue, Wozniak, Chipman, Kuhl, Hoffman; nays – none. Motion carried.

Corridor Commercial Preliminary Plat Extension. Chipman moved, Donahue seconded to approve Resolution Number 09-52, A Resolution Approving the Extension of the Preliminary Plat of Corridor Commercial Subdivision, North Liberty, Iowa to October 9, 2010. The vote was: ayes – Kuhl, Chipman, Wozniak, Hoffman, Donahue; nays – none. Motion carried.

Fox Valley Subdivision, Part 1, Final Plat. Adam Bohr and Ray Colony made the presentation of Fox Valley Subdivision, Part 1 Final Plat. Mausser reported that the Planning and Zoning Commission recommended approval with no conditions. Wheatley reported on ongoing discussions regarding erosion control. The owner has made the necessary improvements to the area to alleviate current erosion issues. 2

Trom reported that the developer could still have erosion issues until ground cover is well established and that wetlands to be established and maintained.
Donahue moved, Hoffman seconded to approve Resolution Number 09-53, A Resolution Approving the Final Plat of Fox Valley Subdivision, Part 1, North Liberty, Iowa. The vote was: ayes – Wozniak, Donahue, Chipman, Hoffman, Kuhl; nays – none. Motion carried.

Highway 965 Project, Phase I. Council discussed Phase I of the Highway 965 Project. The consensus was to proceed with planning for Scenario A which includes intersection improvements at Golfview/Fairview, Cherry Street, Lions, and Ashley. Staff will be bringing back funding scenarios for Council consideration.

Multi-Family Trash & Recycling Enclosure Ordinance Amendment. Hoffman moved, Wozniak seconded to approve the second consideration 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, Kuhl, Hoffman, Donahue; nays – none. Motion carried.

New Business. Councilors Hoffman, Donahue, and Kuhl attended the Entrepreneurial Development Center breakfast. Representatives will be following up with the City.
Litigation Issue. At 8:00 p.m., Donahue moved, Hoffman seconded to move 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 that litigation. The vote was: ayes – Hoffman, Wozniak, Kuhl, Donahue, Chipman; nays – none. Motion carried.

At 9:18 p.m., Chipman moved, Hoffman seconded to return to open session. The vote was: ayes – Wozniak, Chipman, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Adjourn. At 9:18 p.m., Donahue moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.