City Council Minutes December 27, 2010

Minutes
North Liberty City Council
December 27, 2010
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the December 27, 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, Dean Wheatley, Erika Harper, Jim Cherney, Mark Danielson, Bill Mausser, Steve McCoy and other interested parties.  

Approval of the Agenda.  Chipman moved, Wayson seconded to approve the agenda with removal of Item Number Seven – “City Engineer Report”.  The vote was: ayes – Wayson, Hoffman, Kuhl, Donahue, Chipman; nays – none. Motion carried.

Consent Agenda.  Hoffman moved, Kuhl seconded to approve the Consent Agenda including the City Council Minutes from the Regular Meeting on December 14, 2010; the attached list of Claims; November Revenues; the Liquor License Renewal for Casa Tequila, Class C Liquor with Sunday Sales and Carryout wine endorsements; the Liquor License Renewal for Red’s Alehouse, Class C Liquor with Sunday Sales and Outdoor Service endorsements; Pay Estimate #7 for the Cherry Street Project to Advanced Electrical in the amount of $2,006.93; Change Order #4 for the Cherry Street Project to Advanced Electrical in the amount of $1,085.00; Pay Estimate #12 for the Hwy 965 Project to Metro Pavers in the amount of $70,310.42; and Change Order #4 for the Hwy 965 Project to Metro Pavers in the amount of $28,938.12. After discussion, the vote was: ayes – Kuhl, Chipman, Donahue, Hoffman, Wayson; nays – none. Motion carried.

Public Comment.  Steve McCoy spoke regarding his update on request for public records. He talked about the Nissan pickup truck bids received. He has reviewed the bids and does not think they are proper. The bids were called in by phone not bids taken.  He spoke regarding skid loader bids that all came from the same company. He has called the State Ombudsman’s office and spoke with Elizabeth Hart. Upon her advice, he asked by what authority does the council have to go outside of the bidding process and was referred to the City Attorney. Peterson responded with a letter stating that the city was within the bidding policy for the purchases in question.  His request from the State Ombudsman’s office will be reviewed sometime after Christmas.  He detailed his request for open records for all properties close to his property.  He asked if the closed sessions on December 15 and 16, 2010 were related to his open records request. Peterson responded that information is not available.
He stated he had received no response from Council on his request about equipment purchases. He will send that information to the State Ombudsman for review.  Mr. McCoy spoke about his concerns over the DVR kit that is the security system for the community gardens. He requested the City’s surveillance policy.  Since he has not been successful with any requests from Council, he has contacted the City Attorney’s office.  He did receive the results of his request, but not as timely as he would have liked. The tapes have been edited to remove the final outstanding parcel. There were no written minutes included. He could not follow along with who was saying what on the recordings. He stated that the City Clerk has broken the law by telling Council how to avoid a referendum on property purchase and not taking detailed minutes of the closed session meetings. His interest is in openness and transparency. He has had continuous hurdles put in his way.  He cited the Ombudsman’s annual report. Mr. McCoy asked about other Parks Department purchases.

City Administrator Heiar stated that staff is following procedures. City Attorney Peterson stated that he is aware of Mr. McCoy’s contact with County Attorney and State Ombudsman’s office. He expressed that he has concerns with the information being provided to these offices.  He has questions about accuracy and selectivity of information. He stated that Mr. McCoy is involved in lawsuit with the city. The staff has tried to accommodate all of the requests. He stated that not all of the time expended regarding these requests is compensable. The ongoing requests continue to cost the city money. Peterson stated it is frustrating to have things being reported publicly that are not true.  The law calls for detailed minutes. The level of detail in minutes is being increased. Peterson stated that there is not a lot of case law regarding closed session minutes and public records requests. Staff is making a good faith effort. There was a delay in fulfilling Mr. McCoy’s requests with policy being adopted

Hoffman asked how many of these questions have already been answered. Peterson stated that these have all been addressed by staff. Mr. McCoy has been provided on his information.

City Attorney Report.  City Attorney Peterson offered to answer questions.

City Administrator Report.  City Administrator Heiar reported that staff is working at the staff level on budget. The Budget work session is scheduled for January 18.  Heiar attended the regional branding meeting last week. 800 participated in a community survey. The data will be released after the first of the year relating to branding. The surveys came from inside and outside of the corridor as to what people know about the corridor. When the link is released, it will be forwarded out. The Harkin earmark for Highway 965 ($500,000) did not pass. Heiar reported that staff has declared two snow emergencies so far this year.  The Street Superintendent reports fewer cars parked on the streets.

Councilor Wayson spoke regarding the comments by Mr. McCoy. Wayson stated that the City Council was kept in the loop on his concerns and staff responses to his concerns.  The purchases were made within the policy. All are the same brand, but are different dealerships. Heiar stated that staff looks at the State bid and expects the dealer to offer the same price.  Wayson stated the compliant was investigated thoroughly with the results being distributed to the City Council.   Councilor Hoffman stated that the equipment purchases have been shared with Council, but asked about the chair, DVR and television. Heiar will put the response together and distribute to all Council. Mayor Salm stated that staff does the best they can to get the best price and work within the policy. Councilor Chipman stated that staff was limited to contacting only Case dealerships for the purchase of the skid loader based on the attachments owned by the City.  Staff stays with the same brand so all attachments fit. Heiar reported that staff has recently been made aware of a West Liberty dealer. Chipman asked if our policy requires written bids. Heiar stated that although the policy does not require written bids, faxed bids were submitted. The purchaser made phone calls requesting bids. The responses were faxed to the requester for comparison.  Peterson stated that McCoy disputed on the merits of the need for maintaining the same brand of equipment for attachment compatibility. He didn’t find this to be a satisfactory explanation.

Mayor Report. Mayor Salm attended the Economic Development luncheon last Tuesday at Southslope. The event was sponsored by West Bank, Southslope, Pancheros and the City of North Liberty.  Approximately 180 people attended with presentations from developers and builders constructing new ventures in town. He stated it was a great presentation of North Liberty.  

Zoning Ordinance Amendment.  Donahue moved, Wayson seconded to approve the second 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.  After discussion, the vote was: ayes – Donahue, Wayson, Hoffman, Chipman, Kuhl; nays – none. Motion carried.

Johnson County Sherriff Contract.  City Attorney Peterson presented information regarding revisions to the agreement. All nine month references will be revised to be consistent with the intended term of the contract, January 1, 2011 to September 30, 2011.  Chipman moved, Hoffman seconded to approve Resolution Number 10-202, A Resolution approving the agreement between Johnson County, Iowa and North Liberty, Iowa regarding Police Protection Services with the proposed revisions.  After discussion, the vote was: ayes – Chipman, Kuhl, Hoffman, Wayson; nays – Donahue. Motion carried.

Pet Policy. Hoffman moved, Kuhl seconded to approve Resolution Number 10-203, A Resolution establishing license fees and penalties for cats and dogs in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Hoffman, Donahue, Kuhl, Wayson, Chipman; nays – none. Motion carried.

Liberty Centre, Part 1C Final Plat.  Jim Cherney from McClure Engineering made the applicant presentation of the request for a Final Plat. Wheatley noted that the Planning Commission held a special meeting for this item and had full attendance. He reported that staff recommended approval. Peterson reported that it is a one lot subdivision with all public improvements already in place creating an abbreviated developer’s agreement. Mausser reported that the Planning Commission recommended approval.

Councilor Hoffman asked about why the split was being made. Cherney indicated that it needs to be split to create a legal description to facilitate the tax exempt financing.  Attorney Mark Danielson offered additional details regarding the requested final plat.

Donahue moved, Chipman seconded to approve Resolution Number 10-204, A Resolution Approving the Developer’s Agreement between the City of North Liberty and Penn Street Group, L.C. that establishes the terms and conditions under which Liberty Centre, Part 1C will be developed in the City of North Liberty, Iowa. The vote was: ayes – Donahue, Chipman, Wayson, Kuhl, Hoffman; nays – none. Motion carried.

Kuhl moved, Wayson seconded to approve Resolution Number 10-205, A Resolution approving the Final Plat of Liberty Centre, Part 1C, North Liberty, Iowa.  The vote was ayes – Hoffman, Wayson, Kuhl, Chipman, Donahue; nays – none. Motion carried.

Penn Meadows Rain Gardens and Parking Lot.  At 7:44 p.m., Mayor Salm opened the Public Hearing regarding the Penn Meadows Rain Gardens and Parking Lot Project. No oral or written comments were received. The public hearing was closed.

Chipman moved, Hoffman seconded to approve Resolution Number 10-206, A Resolution approving plans, specifications, form of contract and estimate of cost for the Penn Meadows Park Rain Gardens and Parking Lot Project. After discussion, the vote was: ayes – Kuhl, Hoffman, Wayson, Chipman; nays – Donahue. Motion carried.

Transit Study Contract.  Hoffman moved, Wayson seconded to approve Resolution Number 10-207, A Resolution approving the services agreement between the City of North Liberty and Dan Wiese Marketing Research for services relating to the Proposal for Research to obtain North Liberty Citizen Opinions regarding Public Transit with the contract language revised to “City Council” from “City management”.  After discussion, the vote was: ayes – Chipman, Kuhl, Wayson, Donahue, Hoffman; nays – none. Motion carried.

New Business.  Councilor Hoffman spoke regarding the UNESCO newsletter he had forwarded to all. He asked council to subscribe to the newsletter to be informed as to the City’s investment.  After two years, the program will transition to the private sector.

Closed Session.  At 7:58 p.m., Chipman moved, Kuhl 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 is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in litigation. The vote was: ayes – Hoffman, Donahue, Chipman, Wayson, Kuhl; nays – none. Motion carried.

At 8:26 p.m., Hoffman moved, Chipman seconded to return to open session. The vote was: ayes- Kuhl, Wayson, Chipman, Donahue, Hoffman; nays – none. Motion carried.

Adjourn.  At 8:27 p.m., Wayson moved, Kuhl seconded to adjourn. All ayes. Meeting adjourned.