City Council Minutes November 23, 2010

Minutes
North Liberty City Council
November 23, 2010
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the November 23, 2010 Regular Session of the North Liberty City Council to order. Council members present: Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present:  Steve McCoy, Erika Harper, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley and other interested parties.  

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

Consent Agenda.  Hoffman moved, Wayson seconded to approve the Consent Agenda including City Council Minutes from the  Regular Meeting on November 9, 2010; City Council Minutes from the Special Meeting on November 15, 2010; City Council Minutes from the Special Meeting on November 16, 2010; the attached list of Claims; October Revenues; Liquor License Renewal for Iguanas Grill L.C. Class C Liquor License with Sunday Sales endorsement; Scales Bend Overlay Project payment to LL Pelling for Retainage Payment in the amount of $4,470.40; and the Highway 965 Project, Phase 1payment to Metro Paver for Pay Request Number 10 in the amount of $406,899.63.  After discussion, the vote was: ayes – Kuhl, Chipman, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Public Comment.  Steve McCoy commented on the fire at his property at Sugar Creek Lane on Saturday.  He was happy with the department’s response. He then commented on the proposed open records policy. He inquired about the disclaimer and expressed concern that it would intimidate the general public from requesting information. City Attorney Peterson responded that he would address this during the agenda item. Mr. McCoy then commented on his visit to the Parks Department and his concerns.

City Attorney Report.  City Attorney Peterson offered to answer questions as the meeting progresses.

City Engineer Report.  City Engineer Trom reported that he attended a transportation conference in Ames.  He received good information. He attended a session on red light speed cameras and ticket issuing.

Trom informed Council that the City will be working with CRANDIC and IDOT for crossing repairs on 230th Street. The $75,000 project will be divided out 20% – City, 20% CRANDIC, and 60% IDOT.

Trom updated Council on the Jones Boulevard project. Preliminary plans are complete.  Preliminary meetings are complete. Public meeting in two sections will be scheduled soon. The project will be bid in February.  

The engineer is working on plans for the Dubuque Street Trail project. A spring construction is expected.

Trom reported that the Penn Meadows parking project plans and specification are completed. A 73 stall pervious pavement parking lot with stormwater best management practices will be constructed.  This is a partially IJOBS funded projected. The public hearing will be held at the last meeting in December. The contract will be issued in t in January with spring construction.

Mayor Report.  Mayor Salm reported on the budget process for the JECC. The board has established the levy at a not to exceed rate of $0.84 with hopes to reduce it to $0.77.

Code of Ordinances Adoption.  The Council discussed the proposed Code and potential modification.  Kuhl moved, Donahue seconded to approve the second consideration of Ordinance 10-12, An Ordinance adopting the “Code of Ordinances of the City of North Liberty, Iowa, 2010.” The vote was: ayes – Wayson, Chipman, Donahue, Kuhl, Hoffman; nays – none. Motion carried.

Moore Rezoning.  At 7:40 p.m., Mayor Salm opened the public hearing regarding the Moore rezoning request. No oral or written comments were received. The public hearing was closed.

City Planner Wheatley presented the rezoning request.  The rezoning is being requested to allow rebuilding home destroyed by fire. The lot is zoned for a duplex which prohibits a single family house from being constructed. Councilor Donahue proposed the consideration of refunding the rezoning charge for application.  

Donahue moved, Kuhl seconded to approve the first consideration of Ordinance Number 10-13, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by Jeff Moore and Jeri Hoeger located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the RS-7 Single Family Residential District. The motion was amended to include language that as long as the property is rebuilt as the owner’s primary residence, the zoning fees will be refunded. The vote on the amendment was: ayes – Donahue, Hoffman, Kuhl, Chipman, Wayson; nays – none. Motion carried.  After discussion, the vote on the ordinance consideration was: ayes – Donahue, Hoffman, Kuhl, Chipman, Wayson; nays – none. Motion carried.

2010 Annual Financial Report.  Donahue moved, Chipman seconded to approve Resolution Number 10-180, A Resolution Approving the Annual Report for the Fiscal Year ending June 30, 2010 for the City of North Liberty, Iowa. After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Wayson, Donahue; nays – none. Motion carried.

Annual Appropriations.  Chipman moved, Wayson seconded to approve Resolution Number 10-181, A Resolution Obligating funds from the Urban Renewal Tax Revenue Fund for appropriation to the payment of annual appropriation tax increment financed obligations which shall come due in the next succeeding fiscal year (Energy Mizer).  The vote was: ayes – Hoffman, Donahue, Wayson, Kuhl, Chipman; nays – none. Motion carried.

Donahue moved, Hoffman seconded to approve Resolution Number 10-182, A Resolution Obligating funds from the Urban Renewal Tax Revenue Fund for appropriation to the payment of annual appropriation tax increment financed obligations which shall come due in the next succeeding fiscal year (JM Swank). The vote was: ayes – Kuhl, Wayson, Donahue, Chipman, Hoffman; nays – none. Motion carried.

Hoffman moved, Chipman seconded to approve Resolution Number 10-183, A Resolution Obligating funds from the Urban Renewal Tax Revenue Fund for appropriation to the payment of annual appropriation tax increment financed obligations which shall come due in the next succeeding fiscal year (North Liberty Hospitality). The vote was: ayes – Wayson, Hoffman, Chipman, Donahue, Kuhl; nays – none. Motion carried.

Donahue moved, Kuhl seconded to approve Resolution Number 10-184, A Resolution Obligating funds from the Urban Renewal Tax Revenue Fund for appropriation to the payment of annual appropriation tax increment financed obligations which shall come due in the next succeeding fiscal year (Heartland Express). The vote was: ayes – Donahue, Hoffman, Kuhl, Chipman, Wayson; nays –none. Motion carried.

Hoffman moved, Chipman seconded to approve Resolution Number 10-185, A Resolution Obligating funds from the Urban Renewal Tax Revenue Fund for appropriation to the payment of annual appropriation tax increment financed obligations which shall come due in the next succeeding fiscal year (Maytag).  After discussion, the vote was: ayes – Chipman, Wayson, Kuhl, Hoffman, Donahue; nays – none. Motion carried.

Joint Emergency Communication Services Association of Johnson County (JECSA) Agreement.  Donahue moved, Wayson seconded to approve Resolution Number 10-186, A Resolution approving an agreement between the City of North Liberty and the Joint Emergency Communication Services Association of Johnson County regarding Emergency Communication Equipment and Services. After discussion, the vote was: ayes – Hoffman, Donahue, Kuhl, Wayson, Chipman; nays – none. Motion carried.

Open Records Policy.  Kuhl moved, Wayson seconded to approve Resolution Number 10-187, A Resolution approving the Open Records Policy for the City of North Liberty, Iowa. After discussion, the vote was: ayes – Kuhl, Chipman, Wayson, Donahue, Hoffman; nays – none. Motion carried.

Urban Renewal Amendment. Hoffman moved, Wayson seconded to approve Resolution Number 10-188, 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 – Wayson, Chipman, Donahue, Hoffman, Kuhl; nays – none. Motion carried.

Assessement of Delinquent Accounts.  Kuhl moved, Wayson seconded to approve Resolution Number 10-189, A Resolution authorizing the assessment of delinquent amounts owed to the City of North Liberty, Iowa to individual property taxes.  The vote was: ayes – Donahue, Hoffman, Kuhl, Chipman, Wayson; nays – none. Motion carried.

Old Business.  Councilor Kuhl clarified that there is a Council Meeting on December 28. He asked for clarification as to how staff was addressing the building inspection item on page three of the Joint Meeting minutes.

New Business.  Councilor Wayson spoke regarding the new park facility. He reported that the City is in the process of upgrading the streets shop facility this fiscal year.

Adjourn.  At 8:10 p.m., Wayson moved, Hoffman seconded to adjourn. All ayes. Meeting adjourned.