City Council Minutes June 22, 2010

Minutes
North Liberty City Council
June 22, 2010
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the June 22, 2010 Regular Session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson; absent – none.

Others present:  Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Erika Harper, Jim Warkentin, Cheryle Caplinger, Bill Mausser, Mary Poggenpohl and other interested citizens.

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

Consent Agenda. Donahue moved, Kuhl seconded to approve the Consent Agenda including the City Council Minutes, Regular Meeting, June 8, 2010; the attached list of Claims; and May Revenues. After discussion, the vote was: ayes – Hoffman, Chipman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Public Comment.  Mary Poggenpohl, 3150 W. Hauer Drive (Chipman Subdivision), spoke regarding Friday night’s rain. She had 30 feet of water 18-24 inches deep of water up her lane. She stated that this happens 3 to 4 times per year and that somebody needs to do something to keep them from getting flooded out.  

City Attorney Report.  City Attorney Peterson offered to answer any questions council might have.

City Engineer Report. City Engineer Trom reported that construction projects are progressing slowly due to all the rain.  Councilor Chipman offered concerns due to current rain issues. Council discussed storm water issues and controls relating to Jones Boulevard, Harvest Estates 2, and in general throughout the City.

City Administrator Report.  City Administrator Heiar presented information regarding the following items:
•    Budget summary packet for FY 11 was distributed. This is a good reference tool throughout the year.
•    Next Wednesday is the Joint Meeting with Coralville, Iowa City, Johnson County and the Iowa City Community School District at 4:30 p.m. at the North Liberty Conference Center.
•    City Hall will be closed on Monday, July 5 for the 4th of July holiday.
•    Staff is working toward upcoming bond sales for upcoming fiscal year.
•    Heiar presented the 2009 Census estimate. The population is estimated at 12,210, a 5.6% growth from 2008 estimate.  The City has had 127% growth in past decade making us the 3rd fastest growing in Iowa.
•    Codification is moving along. Iowa Codification is waiting on final clarifications from us.  

Mayor Report.  Mayor Salm reiterated that with all the water problems that have been happening with all the rainfall, the City is collecting data and examining issues and asking people for patience in dealing with issues.  Staff is trying to do what we can to work on issues.

Blues and BBQ Report.  Cheryle Caplinger presented a report on the 2010 Blues and BBQ event. She estimated approximately 6,400 attendees. Next year’s event is scheduled for May 29, 2011.    

Board/Commission Appointments.
Mayor is recommending to reappoint incumbents to Board and Commissions and interviewing additional applicants for the July 13 meeting. At the first meeting in July, the Mayor will offer a list of recommendations for the remaining vacancies.

Kuhl moved, Hoffman seconded to approve the following appointments:  Cory Frost, Planning and Zoning;  Seth Anderson, Planning & Zoning;  Dan Skemp, Parks & Recreation; Virginia Combs, Tree & Storm Water;  Cindy Diouf, Library;  Joseph Wagner, Telecommunications; and  Rob Hajek, Board of Appeals. After discussion, the vote was: ayes – Chipman, Wayson, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Johnson County Sheriff Contract.  Wayson moved, Chipman seconded to approve Resolution Number 10-87, A Resolution approving the agreement between Johnson County, Iowa and North Liberty, Iowa regarding police protection services. After discussion, the vote was: ayes – Wayson, Hoffman, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Priority One.  Hoffman moved, Wayson seconded to approve Resolution Number 10-88, A Resolution approving the City of North Liberty’s Investment in Priority One Economic Development. Donahue moved to amend the motion to include that the commitment will be made after positive reports each year to Council. The vote on the amendment to the motion was: ayes – Donahue, Chipman, Hoffman, Kuhl, Wayson. Motion carried.  After discussion, the vote on the motion was: ayes – Donahue, Chipman, Hoffman, Kuhl, Wayson; nays – none. Motion carried.

Building Code Amendments. Hoffman moved, Wayson seconded to approve the third consideration and adoption 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 – Kuhl, Hoffman, Wayson, Chipman, Donahue; nays – none. Motion carried.

Chipman moved, Wayson seconded to approve the third consideration and adoption 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, Donahue, Chipman, Wayson, Kuhl; nays – none.  Motion carried.

Water Rate.  Hoffman moved, Donahue seconded to approve the third consideration and adoption 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.  The vote was: ayes – Donahue, Kuhl, Wayson, Chipman, Hoffman; nays – none. Motion carried.

Telecommunications Commission Amendment.  At 7:40 p.m., Mayor Salm opened the public hearing regarding proposed amendment to the Telecommunications Commission meeting requirements. Caplinger presented that the Commission recommended to meet quarterly rather than monthly.  The public hearing was closed.

Chipman moved, Kuhl seconded to approve the first consideration of Ordinance Number 10-08, An Ordinance amending Chapter 2.22, entitled “Telecommunications Commission,” of the North Liberty Municipal Code by amending section 2.22.070 to revise meeting frequency. The vote was: ayes – Wayson, Donahue, Kuhl, Hoffman, Chipman; nays – none. Motion carried.

Scales Bend Road Project.  Donahue moved, Kuhl seconded to approve Resolution Number 10-89, A Resolution Approving a Contract between the City of North Liberty and LL Pelling for the 2010 Scales Bend Improvement Project. After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Donahue, Wayson; nays – none. Motion carried.

Forevergreen Road Project (West of Jones). Donahue moved, Hoffman seconded to approve Resolution Number 10-90, A Resolution Accepting Bid for the West Forevergreen Road Project.  After discussion, the vote was: ayes – Kuhl, Wayson, Donahue, Hoffman, Chipman; nays – none. Motion carried.

Salary Resolution. Hoffman moved, Kuhl seconded to approve Resolution Number 10-91, A Resolution authorizing Salaries and Hourly Wages for City Employees for the Fiscal Year of July 1, 2010 and through June 30, 2011.  After discussion, the vote was: ayes – Wayson, Donahue, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Tobacco Licenses.  Donahue moved, Chipman seconded to approve Resolution Number 10-92, A Resolution approving a renewal of Tobacco Licenses for the period of July 1, 2010 to June 30, 2011 for businesses in North Liberty, Iowa.  The vote was: ayes – Donahue, Chipman, Hoffman; nays – Wayson, Kuhl. Motion carried.

Audit Award. Hoffman moved, Wayson seconded to approve Resolution Number 10-93, A Resolution accepting the proposal from and awarding the Audit Services Contract to Greenwood and Crim, PC for fiscal years 2010, 2011, and 2012.  The vote was: ayes – Hoffman, Chipman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Dubuque Street Trail Project.  Chipman moved, Hoffman seconded to approve Resolution Number 10-94, A Resolution authorizing submission of an Enhancement Funds Application to the Iowa Department of Transportation and obligating the City of North Liberty to maintain the trail constructed with the funds.  The vote was: ayes – Kuhl, Wayson, Donahue, Hoffman, Chipman; nays – none. Motion carried.

Urban Renewal Area.   Mayor Salm opened the Public Hearing regarding Urban Renewal Amendment at 7:50 p.m.  No oral or written comments were received. The public hearing was closed.

Kuhl moved, Donahue seconded to approve Resolution Number 10-95, A resolution to declare necessity and establish an urban renewal     area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan amendment for the 2009 Addition to the North Liberty Urban Renewal Area.  The vote was: ayes – Wayson, Kuhl, Hoffman, Chipman, Donahue; nays –none. Motion carried.

Old Business.  None was offered.

New Business. Councilor Donahue suggested for further discussion including emergency sump pumps in new construction with the building code and pursuing small wind turbines for home usage.

Land Acquisition.  At 7:55 p.m., Kuhl moved, Chipman 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 – Chipman, Wayson, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

At 8:15 p.m., Chipman moved, Donahue seconded to return to open session. The vote was: ayes – Wayson, Kuhl, Hoffman, Donahue, Chipman; nays – none. Motion carried.

Land Acquisition.  At 8:16 p.m., Kuhl 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 – Kuhl, Donahue, Chipman, Hoffman, Wayson; nays – none. Motion carried.

At 8:40 p.m., Hoffman moved, Donahue seconded to return to open session.  The vote was: ayes – Donahue, Hoffman, Kuhl, Wayson, Chipman; nays – none. Motion carried.

City Administrator Evaluation.  At 8:40 p.m., Kuhl 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 – Hoffman, Wayson, Chipman, Kuhl, Donahue; nays – none. Motion carried.

At 9:00 p.m., Donahue moved, Hoffman seconded to return to open session.  The vote was: ayes – Kuhl, Donahue, Chipman, Wayson, Hoffman; nays – none. Motion carried.

Adjourn.  At 9:00 p.m., Kuhl moved, Wayson seconded to adjourn. All ayes. Meeting adjourned.