City Council Minutes December 14, 2010

Minutes
North Liberty City Council
December 14, 2010
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the December 14, 2010 Regular Session of the North Liberty City Council to order.  Council members present:  Chipman, Donahue, Hoffman, Kuhl, Wayson.

Others present:  Erika Harper, Ryan Heiar, Tracey Mulcahey, Scott Peterson, Kevin Trom, Dean Wheatley, Tina Dubois, Joe Raso, Bill Mausser, Jim Cherney, Ed Sauter, Eric Vandewater, Brian Gotwals, Don Colony and other interested parties.

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

Consent Agenda.  Hoffman moved, Kuhl seconded to approve the Consent Agenda including: City Council Minutes from the Regular Meeting held on November 23, 2010; the attached list of Claims; Forevergreen Road Improvements Project payment to Metro Pavers for Pay Application Number 5 in the amount of $ 90,109.81; Highway 965, Phase 1 Improvements Project to Metro Pavers for Pay Application Number 11 in the amount of $173,575.79; Cherry Street Signalization Project for Advanced Electrical Services, Inc. Change Order Number 3  in the deduction amount of $9,076.00. The vote was: ayes – Hoffman, Chipman, Donahue, Wayson, Kuhl; nays – none. Motion carried.

Public Comment.  Mayor Salm announced that item numbers seventeen and eighteen have public hearings attached to them. No public comment was received.

City Attorney Report.  City Attorney Peterson reported that if the Council approves the new code, it is effective upon publication. The resolutions included in the packet for consideration revises the methodology for how those items are handled. The resolution regarding pet fees will be included with the next meeting.  The Council inquired about the separate resolutions in relation to the new code.

City Engineer Report. City Engineer Trom indicated he had no report tonight.

City Administrator Report.  City Administrator Heiar spoke on the comments received on the Open Records Policy. Staff does plan to bring it back for further discussion after the first of the year.

Heiar reported that staff and committee members have been to the Vision Iowa Board twice in the last two months. The direction provided the last time was that the board wants to see the gap shrink in fundraising needed. 

The Highway 965  project has been slowed by weather. Landscaping work will be done in the spring. Stop lights are expected to be installed in December or January providing as the weather allows.  The work that is remaining requires hands to be exposed, not really feasible in this weather.   The remainder of work will start in the spring.

Heiar announced that there will be a North Liberty Economic Development lunch on Tuesday, December 21 at Southslope.  There will be a number of speakers with businesses being constructed.  Gary Dolphin is the guest speaker. Close to one hundred people are on the RSVP list. There will be donations for the Food Pantry accepted.

The next City Council meeting will be held on Monday, December 27.  

City Hall will be closed on Thursday, December 23 and Friday, December 24 for the Christmas Holiday.

The Council asked about the new concrete on Highway 965 and salt application.  Trom responded that the streets staff will use salt if only absolutely necessary. Safety is more important in that situation.

Council asked about receiving copies of other cities Open Records Policy.  Staff will provide.  Council asked about when the decision of the Vision Iowa Board might be expected. Heiar responded that they haven’t given a clear answer.

Mayor Report.  Mayor Salm spoke about the loss of Adam Bohr from McClure Engineering who passed away on December 1. Mayor Salm wished his family well.

North Liberty Community Food and Clothing Pantry – Tina Dubois.  Tina Dubois the North Liberty Food and Clothing Pantry Coordinator thanked the city and community for their support of the pantry. Dubois presented demographic information regarding the pantry patrons. She spoke about the programs the pantry provides. The pantry is requesting a small increase from the city from $11,000 to 12,000. Council discussed the pantry.

ICAD – Joe Raso.  Joe Raso the President of the Iowa City Area Development Group presented information regarding the organization’s impact and major programming areas including workforce, existing industry and recruitment.

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

Speed Zones.  Hoffman moved, Kuhl seconded to approve Resolution Number 10-191, A Resolution approving special speed limits in the City of North Liberty, Iowa. The vote was: ayes – Wayson, Chipman, Kuhl, Hoffman, Donahue; nays – none. Motion carried.

Traffic Control Devices.  Hoffman moved, Chipman seconded to approve Resolution Number 10-192, A Resolution approving traffic control devices in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Chipman, Hoffman, Donahue, Kuhl, Wayson; nays – none. Motion carried.

Parking Control Devices.  Hoffman moved, Chipman seconded to approve Resolution Number 10-193, A Resolution approving Parking Control Devices in the City of North Liberty, Iowa.  After discussion, the vote was: ayes – Kuhl, Donahue, Wayson, Hoffman, Chipman; nays – none. Motion carried.

Moore Rezoning.  Kuhl moved, Donahue seconded to approve the second 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 vote was: ayes – Donahue, Hoffman, Chipman, Wayson, Kuhl; nays – none. Motion carried.

Hoffman moved, Donahue seconded to approve the consideration of waiving the requirement to have three readings on three separate dates.  After discussion, the vote was: ayes – Hoffman, Kuhl, Chipman, Wayson, Donahue; nays – none. Motion carried.

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

Urban Renewal Amendment.  At 7:45 p.m., Mayor Salm opened the Public Hearing regarding proposed urban renewal plan amendment. No oral or written comments were received. At 7:45 p.m., the public hearing was closed.

Mausser reported that the Planning Commission recommended approval of this amendment. Letter from the Commission outlining their discussion.

Kuhl moved, Wayson seconded to approve Resolution Number 10-194, a Resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve an urban renewal plan amendment for the 2010 Addition to the North Liberty Urban Renewal Area.  After discussion, the vote was: ayes – Wayson, Hoffman, Chipman, Kuhl; nays – Donahue. Motion carried.

Zoning Ordinance Amendment.  Wheatley made the presentation of proposed amendments to the zoning code. The amendments include the addition of a new commercial zone – C-3 to provide zoning for commercial districts that are destination districts. A second amendment includes adding the new district to the design standards section.  The final amendment is a cleanup of uses in the O/RP District.  The Council discussed the proposed amendments.

Mausser reported that the Commission recommended approval of said amendments.

At 7:52 p.m., Mayor Salm opened the public hearing regarding the proposed ordinance amendments.  No oral or written comments were received. The public hearing was closed at 7:52 p.m.

Hoffman  moved, Kuhl seconded to approve the first consideration of Ordinance Number 10-14, An Ordinance amending Section 168.06 “C Zones – Commercial Districts” and various use tables and Section 169.12 “Design Standards” and Section 168.07, “O/RP Zones – Office and Research Park Districts”, of the North Liberty Municipal Code, regarding the establishment of a new C-3 Commercial District and modifications to the O/RP Office and Research Park District.  Donahue moved, Kuhl seconded to amend the motion to remove Country Clubs, Golf Courses, Print Shops, Radio Stations, and Cable Communication Stations. After discussion, the vote on the amendment was: ayes – Hoffman, Chipman, Donahue, Kuhl, Wayson; nays – none. Motion carried.
After discussion, the vote on the motion to approve the first consideration of the ordinance was: ayes – Donahue, Kuhl, Wayson, Hoffman, Chipman, Donahue; nays – none. Motion carried.

City Fiber Project.  Hoffman moved, Wayson seconded to approve Resolution Number 10-195, A Resolution approving the agreement between the City of North Liberty and Communications Infrastructure Services Group regarding the Forevergreen Road Duct and Fiber Project.  The vote was: ayes – Chipman, Kuhl, Wayson, Donahue, Hoffman; nays –none. Motion carried.

Chipman moved, Wayson seconded to approve Resolution Number 10-196, A Resolution approving the agreement between the City of North Liberty and Advanced Electrical Services, Inc. for the Forevergreen Road Duct and Fiber Project.  The vote was: ayes – Donahue, Kuhl, Hoffman, Wayson, Chipman; nays – none. Motion carried.

Hills Bank and Trust Commercial Development Site Plan.
Wheatley presented the application of Hills Bank and Trust for a Commercial development site plan. The plan meets all the code requirements. Wheatley reported that the notes in staff report have been addressed. Planning Commission Chair Mausser reported that the Commission recommended approval with no conditions.

Jim Cherney from McClure Engineering and Ed Sauter from Sauter Baty explained the project in detail.   

Wayson moved, Hoffman seconded to approve Resolution Number 10-197, A Resolution Approving the Commercial Development Site Plan for Lots 56-60, Corridor Commercial Subdivision, Part Five, North Liberty, Iowa with no conditions. The vote was: ayes – Wayson, Hoffman, Chipman, Kuhl, Donahue; nays – none. Motion carried.

Olney Subdivision Preliminary and Final Plat.
Wheatley presented the application for the Olney Subdivision Preliminary and Final Plats.  This will split one lot into two lots each with its separate building.  Mausser reported that the Commission recommended approval with no conditions.

No applicant’s presentation was offered.

Donahue moved, Wayson seconded to approve Resolution Number 10-198, A Resolution approving the Preliminary and Final Plats for Olney Subdivision, North Liberty, Iowa.  The vote was: ayes – Kuhl, Chipman, Donahue, Hoffman, Wayson; nays – none. Motion carried.

Fire Truck Specifications. Fire Chief Vandewater presented the request for replacing the current medical truck.  The current truck is a 1996 and is small.  The proposed truck is a quad cab that will be attending 60-70% of the calls. The truck is estimated at $250,000. Cash on hand will be used to fund the project.

Hoffman moved, Chipman seconded to approve Resolution Number 10-199, A Resolution approving Plans and Specifications for the Fire Department Rescue Truck and authorizing the taking of bids. The vote was: ayes – Hoffman, Donahue, Chipman, Wayson, Kuhl; nays – none. Motion carried.

Streets Shop Building.  Brian Gotwals, Shive-Hattery, and Don Colony, presented the Proposed Streets and Maintenance Facility plan.  The building will be an engineering metal building with 23,146 square feet. The project is estimated at $ 2,201,700 plus engineering and contingency, or $95/sf. The project will have a sixteen month construction period. The project will be bid in June or July of 2011 with occupancy in September 2012.  Council discussed the proposed plan including expansion and the cost.  Heiar suggested the inclusion of bid alternates that Council can review for acceptance at the time of bid.  
Hoffman moved, Kuhl seconded to approve Resolution number 10-200, A Resolution approving a Services Agreement between the City of North Liberty and Shive-Hattery, Inc. for Services relating to the Streets and Maintenance Facility Project, North Liberty, Iowa.  After discussion, the vote was: ayes –Chipman, Kuhl, Donahue, Wayson, Hoffman; nays – none. Motion carried.

Assessment Resolution.  Hoffman moved, Wayson seconded to approve Resolution Number 10-201, 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 – Chipman, Hoffman, Wayson, Kuhl, Donahue; nays – none. Motion carried.

Old Business.  Councilor Kuhl reported that the JCCOG meeting is tomorrow at 4:00 at the Coralville City Hall.

Closed Session.  At 8:45 p.m., Hoffman moved, Chipman seconded to move into Closed Session under Iowa Code Section 21.5.1(c), to discuss strategy with counsel in matters that are presently in litigation or it is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in litigation. The vote was: ayes – Wayson, Kuhl, Donahue, Hoffman, Chipman; nays – none. Motion carried.

At 10:00 p.m., Wayson moved, Chipman seconded to return to open session. The vote was: ayes – Kuhl, Donahue, Hoffman, Chipman, Wayson; nays – none. Motion carried.

Adjournment. At 10:00 p.m., Donahue moved, Hoffman seconded to adjourn. All ayes. Meeting adjourned.