City Council Minutes September 22, 2009

Council Minutes
North Liberty City Council
September 22, 2009
Regular Session

At 7:00 p.m., Mayor Salm called the September 22, 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; Dean Wheatley, City Planner; Cheryle Caplinger; Corinne Lemmage; Bill Mausser; Adam Bohr; Karla Davis; Lori Lindner; David Grex; Mike Bales; Geoff Franzenberg; Kevin Roth; David Metzler and other interested parties.

Approval of the Agenda. Kuhl moved, Chipman seconded to approve the agenda with the deletion of J & A Tap Liquor License and Cedar Springs easement. The vote was: ayes – Donahue, Kuhl, Wozniak, Chipman; nays – none; absent – Hoffman. Motion carried.

Consent Agenda. Kuhl moved, Wozniak seconded to approve the Consent Agenda including City Council Minutes, Regular Meeting, September 8, 2009; Liquor License Renewal, Roadies – 720 Pacha Parkway #7, Class C Liquor with Sunday Sales and outdoor service endorsements; ASR Well, Bid Pack #2 Project, Pay Request #1 – WRH, Inc. $152,233.65; ASR Well, Bid Pack #2 Project, Change Order #2 – $3,782.48; August Revenues; and the attached list of Claims. The vote was: ayes – Hoffman, Wozniak, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Public Comment. No public comment was received.

City Attorney Report. City Attorney Peterson had no report.

City Engineer Report. City Engineer Trom reported on the following projects:
• Cornerstone Nature Area. The contractor poured pervious concrete last week. Outstanding items include lighting, seeding, and sidewalk backfilling. Mediacom and Alliant are working on the relocation of the power pole.
• ASR Well. Construction is progressing well. The building itself will be constructed soon.
• Grant Application. Trom & Wheatley are working on a grant application that is due October 1.
Councilor Kuhl complimented staff on how nice the Cornerstone area is starting to look.

City Administrator Report. City Administrator Heiar reported on the following items:
• TIGER application. Staff submitted TIGER grant last week. The application is for $37.7 million or 90% of total project. The application was for the completion of project from Holiday Road to 230th on the north of North Liberty. Heiar asked citizens to contact federal legislators to show support for the project. Completion of this project over the life span of the roadway could generate $4.2 billion in revenues and savings. This was a joint application of two governmental entities, North Liberty and Coralville. Heiar traveled the stretch of roadway this morning. The traffic from North Liberty going south was very heavy.
• The Convention and Visitors Bureau has applied for Great Places designation.
• Iowa League of Cities conference starts tomorrow in Davenport. Councilors Kuhl, Donahue and Chipman and Mayor Salm are attending.

Mayor Report. Mayor Salm asked that members of the audience not carry on conversations during the meeting. He reminded all that it is time for city elections. Councilors Kuhl and Wozniak’s terms are expiring. Councilor Kuhl, Jonathan Waller, David Grex, and Brian Wayson are running for the council positions. Mayor Salm is running unopposed. He encouraged everyone to get out and vote.

Council candidate David Grex introduced himself.

Planning and Zoning Commission Appointment. Donahue moved, Wozniak seconded to approve the appointment of Ronda Detlefson to the Planning and Zoning Commission for a term expiring June 30, 2011. The vote was: ayes – Kuhl, Donahue, Wozniak, Chipman, Hoffman; nays – none. Motion carried.

Telecommunications Commission Appointment. Kuhl moved, Chipman seconded to approve the appointment of Katie Colony to the Telecommunications Commission for a term expiring June 30, 2012. The vote was: ayes – Wozniak, Chipman, Hoffman, Donahue, Kuhl; nays – none. Motion carried.

Septagon Commercial Development Site Plan Application. Geoff Franzenberg, Kevin Roth and David Metzler presented the application for Big Time Bowl. Wheatley reported on the process. Mausser reported that the Planning and Zoning Commission recommended approval of the application with the following conditions:
• Relocation of some of the air handling equipment from the roof with the remainder being relocated to the center of the building’s roof. (DW – is reflected on the updated site plan)
• Authorize the delay on the masonry requirement on the north side of the building until five years from the date the occupancy permit is issued due to the possibility of expansion. This delay will be authorized with a signed agreement being approved and signed prior to receipt of the occupancy permit.
• Relocation of some handicapped parking spaces to the lounge side of the building. (DW – is included on the updated site plan

Wheatley reported that the only recommendation not addressed in the revised plans is the masonry requirement.

Council discussed the application.

Donahue moved, Kuhl seconded to approve Resolution Number 09-113 Resolution Approving the Commercial Development Site Plan for Lot 102, Progress Park, Part 7 (plus additional land to the North), North Liberty, Iowa with conditions as contained in the resolution. After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Donahue, Wozniak; nays – none. Motion carried.

Muddy Creek Gauge Station. Hoffman moved, Chipman seconded to approve Resolution Number 09-114, A Resolution Approving the Agreement regarding the City of North Liberty and the United States Geological Survey to jointly fund a Stream Gauge Station on Muddy Creek. After discussion, the vote was: ayes – Donahue, Hoffman, Wozniak, Kuhl, Chipman; nays – none. Motion carried.

Assessment Resolution. Donahue moved, Kuhl seconded to approve Resolution Number 09-115, A Resolution Authorizing the Assessment of Delinquent Amounts owed to the City of North Liberty, Iowa, to individual property taxes. The vote was: ayes –Hoffman, Kuhl, Chipman, Wozniak, Donahue; nays – none. Motion carried.

Cedar Springs Rezoning. Donahue moved, Hoffman seconded to approve the third consideration and adoption of Ordinance Number 09-10, An Ordinance Amending the Zoning Ordinance to change the use regulations on property owned by Cedar Springs Partners, 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 – Kuhl, Wozniak, Donahue, Chipman, Hoffman; nays – none. Motion carried.

Sanitary Sewer and Water Service Installer Licensing Ordinance. Hoffman moved, Wozniak seconded to approve the second consideration of Ordinance Number 09-11, An Ordinance Amending Chapter 15 of the North Liberty Municipal Code entitled “Buildings and Construction” by adopting a new Chapter 15.04 entitled “License Required” setting forth the requirements for licensing of sanitary sewer and water service installers in the City of North Liberty, Iowa. The vote was: ayes – Wozniak, Chipman, Hoffman, Donahue, Kuhl; nays – none. Motion carried.

Parking Regulations Ordinance. Chipman moved, Kuhl seconded to approve the second consideration of Ordinance Number 09-12, An Ordinance amending Chapter 10.36, entitled “Stopping, Standing and Parking,” of the North Liberty Municipal Code by Amending Section 10.36.050 to prohibit parking on certain streets in the City of North Liberty, Iowa. The vote was: ayes – Chipman, Kuhl, Donahue, Hoffman, Wozniak; nays – none. Motion carried.

Curfew Ordinance. Hoffman moved, Wozniak seconded to approve the second consideration of Ordinance Number 09-13, An Ordinance amending City of North Liberty Code of Ordinances, Title 9 (“Public Peace, Morals and Welfare”) by deleting Current Chapter 9.04 (“Curfew for Minors”) and inserting new Chapter 9.04 (“Curfew for Minors”). The vote was: ayes – Donahue, Hoffman, Wozniak, Chipman, Kuhl; nays – none.

Kuhl moved, Hoffman seconded to waive the requirement for three separate readings on three separate dates. After discussion, the vote was: Hoffman, Kuhl, Chipman, Wozniak, Donahue; nays – none. Motion carried.

Kuhl moved, Donahue seconded to approve the third consideration and adoption of Ordinance Number 09-13, An Ordinance amending City of North Liberty Code of Ordinances, Title 9 (“Public Peace, Morals and Welfare”) by deleting Current Chapter 9.04 (“Curfew for Minors”) and inserting new Chapter 9.04 (“Curfew for Minors”). The vote was: ayes – Kuhl, Chipman, Donahue, Wozniak, Hoffman; nays – none. Motion carried.

Old Business. No old business was presented.

New Business. Councilor Kuhl reported on the Joint Meeting held last Wednesday. A great effort needs to be made with the 2010 Census to ensure that everyone is counted. Heiar stated it is important for grans and direct funding like Road Use Tax. Councilor Wozniak reported that North Liberty is the 31st largest city in Iowa.
Councilor Hoffman updated Council on the Iowa City Area being designated a city of literature. The Board will be coming to ask for funding in the near future.

Mayor Salm stated that Councilor Wozniak is the representative to the JCCOG Board. Salm will need to replace him in our position on that board.

Property Purchase. At 7:35 p.m., Chipman moved, Hoffman 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 – Wozniak, Hoffman, Donahue, Chipman, Kuhl; nays – none. Motion carried.

At 8:14 p.m., Donahue moved, Wozniak seconded to return to open session. The vote was: ayes – Chipman, Kuhl, Wozniak, Hoffman, Donahue; nays – none. Motion carried.
Adjournment. At 8:15 p.m., Kuhl moved, Wozniak seconded to adjourn. All ayes. Meeting adjourned.