City Council Minutes October 12, 2010

Minutes
North Liberty City Council
October 12, 2010
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the October 12, 2010 Regular Session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Wayson; absent – Kuhl.

Others present: Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Erika Harper, Dennis Tallman, Steve McCoy, Tom Perry, Duane Musser, Bill Mausser and other interested parties.

Approval of the Agenda. Chipman moved, Donahue seconded to approve the agenda with the deletion of item number ten, “Economic Development Project.” The vote was: ayes – Hoffman, Wayson, Donahue, Chipman; nays – none; absent – Kuhl. Motion carried.

Consent Agenda. Hoffman moved, Wayson seconded to approve the Consent Agenda including City Council Minutes from the Regular Meeting on September 28, 2010; City Council Minutes from the Special Meeting on October 5, 2010; the attached list of Claims; the Liquor License Renewal for Fareway Store, Class E with Carryout Beer and Wine Endorsements; Liquor License Renewal for J & A Tap – Class E with Sunday Sales Endorsement; Liquor License Renewal – Al & Irene’s BBQ House – Class B with Sunday Sales Endorsement; Forevergreen Road Project for  Metro Pavers – Pay Application Number 4 – $80,645.77; Forevergreen Road Project for Metro Pavers- Change Order Number 2 – $6,380.98; and Highway 965 Project for Metro Pavers – Pay Application Number 7 – $161,018.87.  The vote was: ayes – Chipman, Donahue, Wayson, Hoffman; nays – none; absent – Kuhl. Motion carried.

Public Comment. Dennis Tallman, 1999 Blue Heron Road, the chair of North Liberty Area Development Corporation (NLADC), shared the letter submitted to the City Council on behalf of NLADC. NLADC is opting out of participation due to the additional forty acres being purchased and held by the Corporation.  The letter delineated the concerns regarding the proposed project.

Steve McCoy asked Councilor Hoffman when he submitted his application to the University of Iowa Community Credit Union. Hoffman responded that has not submitted an application.

Steve McCoy asked Councilor Chipman about taxpayer versus citizen in representation.  Chipman responded that she respects the businesses in North Liberty and that their concerns and issues are valid, but they are not voters. Mr. McCoy read a copy of an email sent to Ryan Heiar from Councilor Kuhl.  

Tom Perry spoke regarding the proposed rezoning of Lot 2 of Prizler Addition.  He is against the rezoning.  He expressed his concerns regarding the proposed change to the zoning classification.   

City Attorney Report.  City Attorney Peterson stated that he had no report tonight, but offered to answer any questions.

City Engineer Report.  City Engineer Trom reported that he is mostly focusing on design work for projects including Jones Boulevard, Penn Street, Dubuque Street Trail, and the Penn Street parking lot projects. Percolation testing was performed at Penn Meadows Park last week. These projects will be bid this winter for construction this spring.  With regards to the Golfview Drive connection project, the City received the Army Corps joint permit last week.  Trom reported on the Forevergreen Road Project.  Council commented on the quality of the project.

City Administrator Report.  City Administrator Heiar reported on the following items:
•    Dubuque Street Trail Project. Staff will be meeting with property owners adjacent to the project next week.  Those who have trail coming through their yard, in the city right-of-way will be included in the invitation.
•    Highway 965, Phase I Project. The north half of Hawkeye Drive is complete. The contractor is starting to work on the south half.  The widening is almost complete. One pour is left then the contractor will be doing hand pours. The signal poles have arrived.  The contractor expects to be grading at Golfview Drive later this week or early next week.  
•    The Transit Task Force held their first meeting last night.  Councilor Chipman and Councilor Wayson are on the committee. Meetings will be held on the second Monday of each month at 6:30 p.m.  
•    The Library Expansion will be presented at the Vision Iowa Board meeting in Cedar Rapids on November 10.
•    North Liberty Area Development Corporation’s Breakfast mixer is scheduled for Tuesday, October 19 at 7:30 at Ms Susan’s.
•    The Joint Government meeting is scheduled for Wednesday, October 20 at 4:30 p.m. in the Iowa City Council Chambers.
•    The Priority One Banquet is tomorrow.  Mayor Salm, Heiar, and Mulcahey will be attending.   

Mayor Report.  Mayor Salm spoke regarding the following items:  
•    The Johnson County Emergency Communications Center is actively interviewing for new director.
•    In the packet is a memorandum addressing items brought forward at the work session. Mayor Salm shared some of the items included in the memorandum including information about the appraisal, comments in general, the use of TIF and other related items.

Councilor Chipman stated that TIF is not illegal or improper to use.  She provided additional information on TIF including cities in Iowa that utilize it. She included her background information as a member of the CCA School Board.

Councilor Wayson spoke regarding the unsigned letter received in the mail.  He expressed appreciation for those that have careful thought and well spoken opinions that are considered.  He expects that the public will critically evaluate information provided just as Council does.  

Mayor Salm concluded by reading a section of Heiar’s memo regarding property evaluation/selection by the credit union.  He reported that an extension has been granted on the purchase agreement.

Midwestern Disaster Area Revenue Bonds – Penn Street Group II, L.C. Project.  At 7:35 p.m., Mayor Salm opened the Public Hearing regarding issuance of Midwestern Disaster Area Revenue Bonds for Penn Street Group II, L.C. Project. No oral or written comments were received. The public hearing was closed.

Hoffman  moved, Chipman seconded to approve Resolution Number 10-154, A Resolution Approving proceeding with the issuance and sale of not to exceed $1,400,000 aggregate principal amount of Midwestern Disaster Area Revenue Bonds (Penn Street Group II, L.C. Project) Series 2010 of the City of North Liberty, Iowa, and related matters. After discussion, the vote was: ayes – Chipman, Donahue, Hoffman, Wayson; nays – none; absent – Kuhl. Motion carried.

Midwestern Disaster Area Revenue Bonds – NL Partners, L.L.C. Project.  Donahue moved, Wayson seconded to approve Resolution Number 10-155, A Resolution relating to the issuance of not to exceed $1,132,000 in aggregate principal amount of Midwestern Disaster Area Revenue Bonds (NL Partners, L.L.C. Project) Series 2010, of the City of North Liberty, Iowa; and specifically (1) declaring intent to reimburse expenditures from proceeds of said bonds; (2) fixing a date for a public hearing on the proposal to issue said bonds; (3) directing publication of notice of intention to issue said bonds; and (4) authorizing the execution of a Memorandum of Agreement. After discussion, the vote was ayes – Chipman, Hoffman, Wayson, Donahue; nays – none; absent – Kuhl. Motion carried.

Bond Issuances. Chipman moved, Hoffman seconded to approve Resolution Number 10-156, A Resolution approving a Loan Agreement and providing for the issuance of $1,730,000 General Obligation Corporate Purpose Bonds, Series 2010A and providing for the levy of taxes to pay the same. After discussion, the vote was: ayes – Donahue, Wayson, Hoffman, Chipman; nays – none; absent – Kuhl. Motion carried.

Hoffman moved, Wayson seconded to approve Resolution Number 10-157, A Resolution approving a Loan Agreement and providing for the issuance of $6,765,000 General Obligation Urban Renewal Bonds, Series 2010B and providing for the levy of taxes to pay the same. The vote was: ayes – Hoffman, Wayson, Chipman, Donahue; nays – none; absent – Kuhl. Motion carried.

Highway 965 Improvement Project, Phase 2. Chipman moved, Hoffman seconded to approve Resolution Number 10-164, A Resolution approving the Services Agreement between the City of North Liberty and McClure Engineering for services relating to the Highway 965 Improvement Project, Phase 2, North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Chipman, Wayson, Hoffman; nays –none; absent – Kuhl. Motion carried.

Library Expansion. Hoffman moved, Wayson seconded to approve Resolution Number 10-158, A Resolution to approve application and authorize Mayor to sign required documentation for the Washington County Riverboat Foundation Grant Application. The vote was: ayes – Wayson, Chipman, Donahue, Hoffman; nays – none; absent – Kuhl. Motion carried.

Creekside Commons Rezoning. Donahue moved, Hoffman seconded to approve second consideration of Ordinance Number 10-10, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Roller Development, 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 – Chipman, Wayson, Hoffman, Donahue; nays – none; absent – Kuhl. Motion carried.

Donahue moved, Hoffman seconded to suspend separate readings requirement per Iowa Code 380.3. After discussion, the vote was: ayes – Donahue, Hoffman, Wayson, Chipman; nays – none; absent – Kuhl. Motion carried.

Donahue moved, Wayson seconded to approve the third consideration and adoption of Ordinance Number 10-10, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Roller Development, LLC located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RD-10 Duplex Residential District.  After discussion, the vote was: ayes – Chipman, Wayson, Hoffman, Donahue; nays – none; absent – Kuhl. Motion carried.

Prizler Addition Rezoning.  Wheatley made the presentation of rezoning request.  Staff recommends denial.  Good Neighbor Meeting some folks came and objected. Mausser reported that the Planning and Zoning Commission recommended denial of the request.

Duane Musser, MMS Consultants, made the applicant’s presentation of the rezoning request.  Musser presented a proposed concept for development to address the neighbors’ concerns.

At 7:53 p.m., Mayor Salm opened the Public Hearing regarding the rezoning request. Donahue entered the received emails to record. Tom Perry spoke against the zoning change.  The public hearing was closed.

Donahue moved, Hoffman seconded to approve the first consideration of Ordinance Number 10-11, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by BLJ Partners located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RM-8 Multifamily Residential District. The vote was: ayes – none; nays -  Hoffman, Wayson, Donahue, Chipman; absent – Kuhl. Motion carried.

GO 21.  Wayson moved, Hoffman seconded to approve Resolution Number 10-159, A Resolution in support of increased freight rail capacity.  After discussion, the vote was: ayes – Donahue, Wayson, Hoffman, Chipman; nays – none; absent – Kuhl. Motion carried.

Progress Park, Parts 7, 8, & 9. Donahue moved, Chipman seconded to approve Resolution Number 10-160, A Resolution authorizing extension for the preliminary plat of Progress Park Parts 7, 8, and 9, North Liberty, Iowa.  The vote was: ayes – Chipman, Wayson, Hoffman, Donahue; nays – none; absent – Kuhl. Motion carried.

Saints Corridor Commercial Park.  Chipman moved, Donahue seconded to approve Resolution Number 10-161, A Resolution authorizing an extension for the preliminary plat of Saints Corridor Commercial Park, North Liberty, Iowa. The vote was: ayes – Donahue, Chipman, Wayson, Hoffman; nays – none; absent – Kuhl. Motion carried.

Arlington Ridge, Part 4 Streetlights.  Wayson moved, Chipman seconded to approve Resolution Number 10-162, A Resolution approving the installation of street lights in Arlington Ridge, Part 4 according to the terms set forth in the existing street light contract. The vote was: ayes – Hoffman, Wayson, Donahue, Chipman; nays – none; absent – Kuhl. Motion carried.

Depository Resolution.  Donahue moved, Wayson seconded to approve Resolution Number 10-163, A Resolution designating Hills Bank & Trust Company, US Bank, Midwest One, University of Iowa Community Credit Union, Liberty Bank, Collins Community Credit Union, and Corridor State Bank as depositories for public funds belonging to the City of North Liberty, Iowa. After discussion, the vote was: ayes – Wayson, Hoffman, Chipman, Donahue; nays – none; absent – Kuhl. Motion carried.

Old Business.  No Old Business was presented.

New Business.  Councilor Chipman spoke about the Transit Task Force.  Councilor Hoffman thanked the Police Department for spending time in the schools to provide community connections.

Adjourn.  At 8:00 p.m., Wayson moved, Hoffman seconded to adjourn. All ayes. Meeting adjourned.