City Council Minutes June 8, 2010

Minutes
North Liberty City Council
June 8, 2010
Regular Session

Call to order.  At _ p.m., Mayor Salm called the June 8, 2010 Regular Session of the North Liberty City Council to order.  Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Erika Harper, Glen Siders, Duane Olney, Bryan Hardin, Tom Palmer, Doug Lindner, Gigi Wood, Bill Mausser, Mike Evans, Nathan Legue and other interested parties.

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

Consent Agenda. Hoffman moved, Wayson seconded to approve the Consent Agenda including City Council Minutes, Regular Meeting, May 25, 2010; the attached list of Claims; the Liquor License Renewal for Yang Chow Wok-Class C liquor license with Sunday Sales endorsement; Liquor License Application for a Class C Liquor License (LC) (Commercial) for an event at Southslope on July 24, 2010; Cherry Street Project Pay Request Number 1 to Advanced Electrical Services for $26,496.52; and Cherry Street Project Pay Request Number 2 to Advanced Electrical Services for   $61,577.54.  After discussion, the vote was: ayes – Kuhl, Chipman, Hoffman, Wayson, Donahue; nays – none. Motion carried.

Public Comment.  No public comments were brought forward.  

City Attorney Report. City Attorney Peterson had no report to offer tonight.

City Engineer Report. City Engineer Trom reported on the following projects:  
•    Forevergreen Road Project.  The contractor is  continuing storm sewer work. Subgrade stabilization of the roadway bed will be starting soon.  The contractor has used 20 ½ days of the allotted 95 work days
•    Scales Bend Road bids will be  considered tonight.
•    The Forevergreen Road project west of Jones Blvd. is scheduled for a public hearing tonight.
•    Staff is reviewing a report from JCCOG regarding Buford Garner pedestrian safety. Staff has draft report to come up with implementation and action plan.   Councilor Chipman asked if a representative from the school district is included. Heiar responded that not at this meeting. Staff is working through the report first.  The school will be included as appropriate in the future. Trom stated that the JCCOG report makes specific comments relating to internal traffic flow and signage on the school site.

City Administrator Report. City Administrator Heiar reported on the following items:
•    The City is working on a fiber project that will create a loop around Highway 965, Cherry Street, Forevergreen Road and Front Streets.  Heiar is working on budget numbers and tax rate impacts.
•    Heiar is assisting the Library with fundraising. He will provide an update soon on status of pledges.
•    Fun Days is starting this Thursday through Sunday. Staff helps throughout the weekend. The parade is Friday night and fireworks are Sunday night.
•    Chipman asked if relating to the fiber project information could be provided in the blog on our website explaining what we are doing and why.  Heiar has been discussing other blogging topics.

Mayor Report.  Mayor Salm reported on the following:
•    The City completed a successful Blues/BBQ event.  
•    Fun Days is this weekend.
•    The Iowa League of Cities Annual Conference is in Coralville, September 22-24. He encouraged all to attend. Councilor Hoffman indicated that there will be tours of the WWTP. Heiar stated that even though it is a  2 ½ day event, all can sign up for parts of the event.

Building Code Amendments.  Donahue moved, Hoffman seconded to approve the second 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, Donahue, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Chipman moved, Wayson seconded to approve the second consideration of Ordinance Number 10-06, 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 Fire Code to be utilized by the City of North Liberty, Iowa.  The vote was: ayes – Hoffman, Kuhl, Chipman, Donahue, Wayson; nays – none. Motion carried.

FY 10 Budget Amendment. At 7:13 p.m., Mayor Salm opened the Public Hearing regarding proposed FY 10 Budget Amendment. No oral or written comments were received.  The public hearing was closed.

Donahue moved, Kuhl seconded to approve Resolution Number 10-73, A Resolution Approving the FY 10 City Budget Amendment and Certification.  The vote was: ayes – Chipman, Wayson, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Autumn Ridge, Part 2. Hoffman moved, Kuhl seconded to approve Resolution Number 10-74, A Resolution Approving the Final Plat of Autumn Ridge, Part 2, North Liberty, Iowa. The vote was: ayes – Wayson, Hoffman, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Hoffman moved, Kuhl seconded to approve Resolution Number 10-75, A Resolution Approving  the Stormwater Management Facility Maintenance Agreement and Easement between  the City of North Liberty and Autumn Ridge Partners, LC that establishes the terms and conditions under which Autumn Ridge, Part Two storm water management facilities will be maintained in the City of North Liberty, Iowa. The vote was: ayes – Hoffman, Chipman, Donahue, Kuhl, Wayson; nays – none. Motion carried.

Kuhl moved, Chipman seconded to approve Resolution Number 10-76, Developer’s Agreement between the City of North Liberty and Autumn Ridge Partners, LC that establishes the Terms and Conditions under which Autumn Ridge, Part Two will be developed in the City of North Liberty, Iowa.  The vote was: ayes – Donahue, Wayson, Kuhl, Chipman, Hoffman; nays – none. Motion carried.

Cedar Springs, Part 10. Donahue moved, Wayson seconded to approve Resolution Number 10-77, A Resolution Approving the Final Plat of Cedar Springs, Part 10, North Liberty, Iowa.  The vote was: ayes – Chipman, Hoffman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Olney Electric Site Plan. Heiar presented the staff report regarding Olney Electric Site Plan Application.  Olney offered to answer any questions.  Mausser reported that the Commission recommended approval with no conditions.  Councilor Kuhl asked if the two buildings would have any variation. Olney responded that they were planned to be the same in materials and colors and would be compatible in color to adjacent developments.

Donahue moved, Hoffman seconded to approve Resolution Number 10-78, A Resolution Approving the Commercial Development Site Plan for Auditor’s Parcel Number 2005035, North Liberty, Iowa.  The vote was: ayes – Hoffman, Kuhl, Donahue, Wayson, Chipman; nays – none. Motion carried.

Liberty Medical & Commerce, Part 2 Preliminary and Final Plat.  Heiar provided information regarding Liberty Medical and Commerce Preliminary and Final Plat Applications. Mausser reported that the Commission recommended approval with no conditions.  Councilor Kuhl asked about site plans. Heiar indicated that staff is working with Gary Watts/Prime Ventures on Lot 1.  

Hoffman moved, Wayson seconded to approve Resolution Number 10-79, A Resolution Approving the Preliminary Plat of Liberty Medical and Commerce, Part 2, North Liberty, Iowa.  The vote was: ayes – Donahue, Chipman, Kuhl, Wayson, Hoffman; nays – none. Motion carried.

Chipman moved, Wayson seconded to approve Resolution Number 10-80, A Resolution Approving the Final Plat of Liberty Medical and Commerce, Part 2, North Liberty, Iowa. The vote was: ayes – Kuhl, Hoffman, Wayson, Chipman, Donahue; nays – none. Motion carried.

Water Rate.  Kuhl moved, Hoffman seconded to approve the second 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 – Hoffman, Wayson, Chipman, Donahue, Kuhl; nays – none. Motion carried.

Scales Bend Road Project.  Donahue moved, Chipman seconded to approve Resolution Number 10-81, A Resolution Accepting Bid from LL Pelling for the Scales Bend Road Improvement Project.  After discussion, the vote was: ayes – Chipman, Kuhl, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Forevergreen Road Project (West of Jones). At 7:24 p.m., Mayor Salm opened the public hearing regarding plans, specifications, form of contract and estimate of cost for the West Forevergreen Road Project.  Councilor Hoffman asked about the length of time the project will require. Trom responded that the project must be completed by August 6, but will only take three days to complete.  One lane will always be open to local traffic.  The public hearing was closed.

Donahue moved, Kuhl seconded to approve Resolution Number 10-82, A Resolution approving plans, specifications, form of contract and estimate of cost for the West Forevergreen Road Project.  The vote was: Donahue, Wayson, Hoffman, Kuhl, Chipman; nays- none. Motion carried.

Compassion for Awareness, Remembrance and Education (C.A.R.E.) 5k and 10k.  Chipman moved, Hoffman seconded to approve Resolution Number 10-83, A resolution authorizing the use of City Streets for the 2010 C.A.R.E. 5k and 10k.  The vote was: ayes – Wayson, Hoffman, Kuhl, Chipman, Donahue; nays – none. Motion carried.

City Hall Land Acquisition. Hoffman moved, Wayson seconded to approve Resolution Number 10-84, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612411010 from Lori Stahl. After discussion, the vote was: ayes- Hoffman, Kuhl, Chipman, Donahue, Wayson; nays –none. Motion carried.

Chipman moved, Wayson seconded to approve Resolution Number 10-85, A Resolution Approving and Ratifying the Purchase of Parcel Number 0612412007 from Yetley Real Estate LLC. The vote was: ayes – Kuhl, Chipman, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Urban Renewal Area.  Kuhl moved, Hoffman seconded to approve Resolution Number 10-86, A Resolution setting the date for public hearing on designation of the expanded North Liberty Urban Renewal Area and on urban renewal plan amendment.  The vote was: ayes – Chipman, Donahue, Wayson, Hoffman, Kuhl; nays – none. Motion carried.

Old Business.  Councilor Kuhl reported that he attended the farewell reception for Superintendent  Lane Plugge last Wednesday. Another one is being held tomorrow sponsored by the school district.

New Business. Councilor Chipman is a member of the legislative policy committee for the Iowa League of Cities. She requested that anyone that has items for consideration to forward to her prior to the committee meeting on June 23.

Mayor Salm  reported that the JECC Open House is on June 19 from 1-3 p.m.

Councilor Kuhl reported on the JCCOG subcommittee regarding ECICOG funding. Kuhl was appointed to the JCCOG bylaw rewrite agreement with Mayor Royce Phillips and County Supervisor Janelle Rettig.  

City Engineer Evaluation.  At 7:34 p.m., Chipman moved, Wayson seconded to move into closed session according to Iowa State Code Section 25.1.i, to evaluate the professional competency of an individual whose performance is being considered as requested by that individual.  The vote was: ayes – Donahue, Wayson, Hoffman, Kuhl, Chipman; nays – none. Motion carried.

At 7:40 p.m. Kuhl moved Chipman seconded to return to open session. The vote was: ayes – Wayson, Hoffman, Kuhl, Chipman, Donahue; nays – none. Motion carried.

City Attorney Evaluation. At 7:42 p.m., Hoffman moved, Kuhl seconded to move into closed session according to Iowa State Code Section 25.1.i, to evaluate the professional competency of an individual whose performance is being considered as requested by that individual.  The vote was: ayes – Hoffman, Kuhl, Chipman, Donahue, Wayson; nays – none. Motion carried.

At 7:55 p.m., Chipman moved, Kuhl seconded to return to open session. The vote was: ayes – Kuhl, Chipman, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Adjourn. At 7:55 p.m., Chipman moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.