City Council Minutes May 25, 2010

Minutes
North Liberty City Council
May 25, 2010

Call to order.  At _ p.m., Mayor Tom Salm called the May 25, 2010 Regular Session of the North Liberty City Council.  Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present: Ryan Heiar, Tracey Mulcahey, Dean Wheatley, Scott Peterson, Kevin Trom, Erika Harper, Stephen Schmidt, Cheryle Caplinger, Tom Palmer, Alan Marks, Alison Werner-Smith and other interested parties.

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

Consent Agenda. Kuhl moved, Hoffman seconded to approve the Consent Agenda including: City Council Minutes, Regular Meeting, May 11, 2010; the attached list of Claims; April Revenues; Liquor License Renewal, Cigarette Outlet, Class E Liquor with carryout beer & wine and Sunday sales endorsements; Liquor License Application, North Liberty Jaycees Special Class C Liquor License (Beer and wine) with outdoor service and Sunday Sales endorsements, Forevergreen Road Project Change Order # 1, $110,730, Metro Pavers.  After discussion, the vote was: ayes – Donahue, Kuhl, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Public Comment.  No public comment was offered.    

City Attorney Report.  City Attorney Peterson will present the legislative update at either the second meeting in June or the first meeting in July. He asked council to let him know if there are items of interest from the last session.

City Engineer Report.  City Engineer Trom reported on the following:
•    Forevergreen Road Project. Work is progressing. All utilities have been relocated and reactivated. The temporary road has been installed. Sanitary sewer installation was completed today. The contractor has started on storm sewer.  The work is progressing west from Highway 965. The progress meeting is scheduled for tomorrow.
•    West Forvergreen Road Sealcoat.  Staff is working to get bid documents  for this project.  The extent will be from Colony Campground west to the west side of Covered Bridge Road. The contract will be awarded at the second meeting in June. The road will be open to local traffic at all times, but closed to through traffic. City staff will install gravel shoulders.
•    Scales Bend Road Project. The public hearing will be held tonight. The bids will be considered at the first Council meeting in June.  The extent of the project will be from Highway 965 to Pheasant Lane. The project is an asphalt mill and overlay.

City Administrator Report.  City Administrator Heiar reported on the following items:
•    The Highway 965 preconstruction meeting will be this week for phase 1.
•    Cherry Street foundations, for the stoplights, were poured yesterday.
•    A developer has submitted a site plan for Liberty Medical & Commerce.  Staff will share information when the application is considered by the Planning Commission in July.
•    The Employee Recognition & Rally Group is reviewing different options for employee recognition and morale.  Staff is in the process of updating the employee handbook. Heiar is proposing some of the suggested ideas that are non monetary “incentives” for employees.  The amended handbook will be considered by council at the end of June. The group is looking at establishing some sort of awards banquet for staff recognition.
•    The Telecommunications Commission is not meeting in June.  
•    City Hall will be closed Monday, May 31 for the Memorial Day holiday.

Mayor Report.  Mayor Salm proclaimed May as Building Safety Month. He presented certificate to Tom Palmer.  

Harvest Estates, Part 2 Discussion.  Mayor Salm introduced this item stating that Council is being asked for direction for staff and Midwest Development regarding Harvest Estates, Part 2.  City Administrator Heiar and City Planner Wheatley presented the recommendation to amend the original staff report to require the preliminary plat with the final reading of the rezoning.  They recommend that the plat be allowed to be considered after the zoning is completed.  Council spoke regarding their opinions regarding the third consideration of the proposed zoning and the timing of that consideration.  The developer’s attorney, Allison Werner-Smith and the developer, Alan Marks, both spoke regarding their concerns to date with the process. The consensus of the Council was to authorize the separation of the consideration of the preliminary plat and third consideration of the rezoning. The third consideration of the rezoning will be held at the July 13, 2010 Council meeting.

Building Code Amendments.  At 8:00 p.m., Mayor Salm opened the public hearing regarding proposed amendments to Building Codes. Tom Palmer, Building Official, thanked the Board of Appeals for all of their work on the Building Code. He reported that there were low turnouts at all Board of Appeals meetings except for homebuilders on sprinkling single family homes.  The sprinkler requirement in single family codes has been dropped out of this revision. It will be revisited in 2011 code. The public hearing was closed.

Hoffman moved, Wayson seconded to approve the first consideration of Ordinance Number 10-05, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by repealing Chapter 15 and adopting in lieu thereof new Chapter 15.01 to adopt the 2009 International Residential Code to be utilized by the City of North Liberty, Iowa.  The vote was: ayes – Wayson, Chipman, Kuhl, Hoffman, Donahue; nays – none. Motion carried.

Chipman moved, Donahue seconded to approve the first consideration of Ordinance Number 10-06, An Ordinance amending Title 15 of the North Liberty Municipal Code entitled, “Buildings and Construction” by adopting a new Chapter 15.04 to adopt the 2009 International Fire Code to be utilized by the City of North Liberty, Iowa.   The vote was: ayes – Kuhl, Donahue, Hoffman, Chipman, Wayson; nays – none. Motion carried.

Water Rate. At 8:05 p.m., Mayor Salm opened the public hearing regarding proposed amendment to water consumption rates.  Councilor Kuhl spoke regarding why the rate increase is needed, which includes falling consumption and capital needs. Heiar presented the updated fund sheet in packet. Revenues are not coming in as projected. The Water Department is set to receive approximately 85% of projected revenues which will have an effect on the ending balance. Councilor Donahue presented information on water rates in different communities in Iowa.  The public hearing was closed.

Donahue moved, Chipman seconded to approve the first consideration of Ordinance Number 10-07, An Ordinance amending Chapter 13.08, entitled “Water Rates and Charges,” of the Municipal Code of North Liberty by repealing Section 13.08.030, “Rates and Charges Established,” and adopting in lieu thereof  a new Section 13.08.03 to increase the charge for water consumed.   After discussion, the vote was: ayes – Chipman, Hoffman, Donahue, Wayson, Kuhl; nays – none. Motion carried.

Transit Task Force Discussion.  Council discussed the size and composition of the committee.  Applications will be solicited from the community just like other boards and commissions.  Gender balance will be required.  The consensus was to create a seven person commission with two ex-officio members (City Councilors).  The personnel committee will review applications and make recommendations.  Applications will be available at Blues and BBQ.  The Task Force will meet for eight to ten months making recommendations to the Council at the end.

Fun Days. Chipman moved, Wayson seconded to approve Resolution Number 10-66, 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.  The vote was: ayes – Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none. Motion carried.

Lighting Retrofit Project. Donahue moved, Kuhl seconded to approve Resolution Number 10-67, A Resolution Approving the Agreement between the City of North Liberty and Interstate Power and Light Company (An Alliant Energy Company) for the Performance Edge Contract for Lighting Retrofit Projects at the Community Center, Police Department, and Fire Department Facilities, North Liberty, Iowa.  After discussion, the vote was: ayes – Donahue, Hoffman, Wayson, Chipman, Kuhl; nays – none. Motion carried.

Scales Bend Road Project.  At 8:24 p.m., Mayor Salm opened the public hearing regarding the proposed plans, specifications, form of contract and estimate of cost for the Scales Bend Road Project.  No oral or written comments were received. The public hearing was closed.

Donahue moved, Kuhl seconded to approve Resolution Number 10-68, A Resolution approving plans, specifications, form of contract and estimate of cost for the Scales Bend Road Project.  After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

Highway 965 Project.  Hoffman moved, Chipman seconded to approve Resolution Number 10-69, A Resolution approving the Residential Moving Expense Reimbursement Agreement between the City of North Liberty, Iowa and Danielle Callahan and Amanda Alexander. The vote was: ayes – Wayson, Kuhl, Chipman, Donahue, Hoffman; nays – none. Motion carried.

Kuhl moved, Hoffman seconded to approve Resolution Number 10-70, A Resolution Approving Contract Number 52-5557-615 between the City of North Liberty, Iowa and Metro Pavers, Inc. for the 2010 Highway 965 Improvement Project. The vote was: ayes – Chipman, Hoffman, Donahue, Kuhl, Wayson; nays – none. Motion carried.

Cedar Springs, Part 11. Hoffman moved, Wayson seconded to approve Resolution Number 10-71, A Resolution approving the installation of an additional street light in Cedar Springs, Part 11, according to the terms set forth in the existing street light contract.  The vote was: ayes – Donahue, Hoffman, Wayson, Kuhl, Chipman; nays – none. Motion carried.

Assessment Resolution.  Kuhl moved, Donahue seconded to approve Resolution Number 10-72, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes.  After discussion, the vote was: ayes – Hoffman, Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

Old Business.  No old business was presented.

New Business.  Councilor Kuhl presented an update on the JCCOG meeting that was held  last Wednesday.   As soon as minutes are available, they will be forwarded to Council from the  JCCOG board.  The Board is discussing representation on the JCCOG Board and ECICOG Board.   The City was awarded funding to complete trail through town on Dubuque Street to Front Street/Mehaffey Bridge Road.  Mayor Salm reported that the JCCOG Rural Policy Board was disbanded.

Mayor Salm reported that a JECC Joint Board meeting is scheduled on Friday, May 28 at  8 a.m. Items that will be discussed include 28E agreement adjustments and other  issues that have been growing over last few months.  

Property Acquisition.  At 8:30 p.m., Kuhl moved, Hoffman seconded to move into Closed Session according to Iowa State 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 – Kuhl, Wayson, Donahue, Chipman, Hoffman; nays – none. Motion carried.

At 9:09 p.m., Chipman moved, Hoffman seconded to return to open session. The vote was: ayes – Wayson, Donahue, Chipman, Hoffman, Kuhl; nays –none. Motion carried.

Adjournment. At 9:10 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.