City Council Minutes January 11, 2011

MINUTES

North Liberty City Council
January 11, 2011
Regular Session

Call to order.  At 7:00 p.m., Mayor Salm called the January 11, 2011 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, Kevin Trom, Dean Wheatley, Erika Harper, Bill Mausser, Josh Covert, Mike Bails, Dave Moore, Tom Jones, Kris Ackerson, John Yapp, Lori Lindner and other interested parties.  

Approval of the Agenda.  Chipman moved, Hoffman seconded to approve the agenda with sub items A & B under Item number 16 being reversed. 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 December 27, 2010 and the attached list of Claims. The vote was: ayes – Wayson, Kuhl, Chipman, Donahue, Hoffman; nays – none. Motion carried.

Public Comment.  No public comment was offered.   

City Attorney Report. City Attorney Peterson offered to answer any questions Council might have. The new right to carry weapons law was discussion.  The discussion included the City’s ability to potentially ban in City facilities, the possibility of the Legislature acting on legislation to update the law and Council’s responsibility in deciding if weapons are allowed on City property.  Council would like the attorney to gather more information and move forward with action on banning weapons in City facilities.    

The Council discussed Council Rules to provide guidelines for elected officials and organization of meeting with City Attorney Peterson. Council rules include respect, decorum and to what degree the City follows Roberts Rules of Order.  Peterson will move this project up in priority.

City Engineer Report.  City Engineer Trom updated Council on the Dubuque Street Trail project. The final plans are completed and submitted to IDOT. The project will be bid on March 15 at IDOT. The easement on tonight’s agenda will allow for a tree to be saved on the school’s property.

The bids for the Penn Meadows Rain Garden and Parking Project were received this week. He is happy with the results.
The Jones Boulevard Project final plans were printed last week. They are being reviewed by City staff now. Councilor Hoffman asked if Council was going to see plans for project before it is bid. Trom offered to make a presentation to Council before it is bid on February 16.

The Penn Street turn lane project will be let in March. Alliant Energy plans to remove the power poles on the north side of the street and underground the utilities.

The City is waiting on a permit from IDNR for the Golfview Drive Connection Project. The two agreements necessary for the project, with CRANDIC and ITC, might possibly be on the next agenda.

Coralville contacted the City of North Liberty after the sludge storage tank explosion last week to see if we could accept their sludge. We did not have the capacity at the plant to assist.

Staff intends to have JCCOG conduct a speed study on Highway 965 when the improvements are complete. Three very different requests for amendments to the speed limit have been received. All the requests make sense, but no two are the same.  The traffic study data for the project predicted left hand turns rather than analyzing the recommended speed. The 85th percentile of speed traveled is the recommended speed limit.

Councilor Wayson asked about the fading pavement markings on Highway 965. Heiar indicated the markings are temporary. Epoxy paint is specified, but weather precluded the installation in the last construction season.

City Administrator Report.  City Administrator Heiar reported that the Highway 965 project is progressing with the start of installation of poles at Fairview Lane. The intersection is expected to be complete in the next few weeks.

January 25 is the Iowa League of Cities Legislative Day from 1 – 7 p.m. in Des Moines. Heiar asked if Council was amenable to holding the Council meeting on Monday, January 24. The consensus was to move the meeting to Monday. If Council is interested in attending, please let Heiar know.

Heiar reminded Council that January 19 is ICAD’s Elected Officials Breakfast at 7 a.m. at the Holiday Inn. Contact Heiar to register.

The budget session for FY 2012 will be held on Tuesday, January 18, 2011 at 6:30 p.m. in Council Chambers.

Mayor Report.  Mayor Salm asked Council to provide suggestions for what they would like to see in Council rules and offered examples including a paragraph on agenda before the agenda items and signing in at public comment.

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

Affordable Housing Consortium Update.  John Yapp and Kris Ackerson from JCCOG were present  provided an update on the Affordable Housing Consortium recommendation. Council discussed the potential of a consortium for the distribution of HOME funds in Johnson County. The next step if North Liberty is interested in pursuing a housing consortium is to express that interest in a letter. This item will be on an upcoming agenda for action.

Johnson County Supervisors JECSA Letter.  Mayor Salm introduced Tom Jones (acting executive director) and Gary Albrecht, new Executive Director from the Joint Emergency Communications Center. The Council discussed regarding letter received from the Johnson County Supervisors regarding concerns relating to the Joint Emergency Communications Services Association of Johnson County.  The Supervisors are requesting a formal response. The City will respond accordingly.

Dubuque Street Trail Project.  Chipman moved, Hoffman seconded to approve Resolution Number 11-01, A Resolution approving the Public Easement Agreement between the Iowa City Community School District and the City of North Liberty, Iowa. The vote was: ayes – Kuhl, Wayson, Chipman, Hoffman, Donahue; nays – none. Motion carried.

Penn Meadows Rain Garden and Parking Lot Project.  Hoffman moved, Wayson seconded to approve Resolution Number 11-02, A Resolution accepting the bid from Dave Schmitt Construction for the Penn Meadows Rain Garden and Parking Lot Project.  After discussion, the vote was: ayes – Hoffman, Wayson, Chipman, Kuhl; nays – Donahue. Motion carried.

Comprehensive Plan Amendment.  Wheatley presented the proposed amendment to the Comprehensive Plan. The staff report shows that very minor changes were made to the Comprehensive Plan with this amendment. Council discussed the proposed amendment.

Mausser reported that the Planning Commission recommended approval of the revisions to the plan, map and text.

Wayson moved, Hoffman seconded to approve Resolution Number 11-03, A Resolution Approving Amendments to the 2005-2025 Comprehensive Plan for the City of North Liberty, Iowa. After discussion, the vote was: ayes – Chipman, Kuhl, Wayson, Hoffman; nays – Donahue. Motion carried.

The Villas at Liberty Executive Park.  Wheatley presented the request for rezoning of The Villas at Liberty Executive Park from RM-21 to O/RP Office/Research Park and C-3 Commercial. Two people attended the Good Neighbor Meeting. Neither attendee objected to the rezoning of this property. The Comprehensive Plan supports the rezoning request without the amendment. Council is on record supporting the change to the plan.

Mausser reported that the Planning Commission recommended approval of the rezoning applications from RM-21 Multi-Family Residential to O/RP – Office/Research Park and C-3 Commercial.

Mike Bails made the applicant’s presentation of rezoning application.
At 8:20 p.m., Mayor Salm opened the Public Hearing regarding amending the zoning on The Villas at Liberty Executive Park from RM-21 Multi-family Residential to O/RP Office Research Park.  No oral or written comments were received. The public hearing was closed.

Chipman moved, Wayson seconded to approve the first consideration of Ordinance Number 11-01, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by North Liberty LLC located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the O/RP – Office Research Park District. The vote was: ayes – Kuhl, Hoffman, Wayson, Chipman; nays – Donahue. Motion carried.

At 8:22 p.m., Mayor Salm opened the Public Hearing regarding amending the zoning on The Villas at Liberty Executive Park from RM-21 Multi-family Residential to C-3 Commercial. No oral or written comments were received. The public hearing was closed.

Kuhl moved, Chipman seconded to approve the first consideration of Ordinance Number 11-02, An Ordinance amending the Zoning Ordinance to change the use regulations on property owned by North Liberty LLC located in North Liberty, Iowa to those set forth in the North Liberty Municipal Code for the C-3 Commercial District. The vote was: ayes – Wayson, Hoffman, Chipman, Kuhl; nays – Donahue. Motion carried.

Highway 965 Speed Limit Amendment.  Hoffman moved, Wayson seconded to approve Resolution Number 11-04, A Resolution approving Special Speed Limits in the City of North Liberty, Iowa. After discussion, the vote was: ayes – Donahue, Hoffman, Chipman, Wayson; nays – Kuhl. Motion carried.

Old Business.  Councilor Hoffman thanked Don Colony and his staff for street maintenance and Guy Goldsmith and his staff for trail maintenance.

Councilor Chipman requested a presentation regarding the Park Board insert that was in the Council packet.

New Business. Councilor Kuhl reported that JCCOG will be meeting next week at the University Athletic Club.  Council asked for discussion on issues that will be considered on the Chamber’s Federal Issues trip. Heiar has submitted an issue paper regarding Highway 965, Phase 2. In his conversation with Dan Smith from Harkin’s office, it was suggested that even though earmarks have been eliminated, a Highway bill could still be passed. Smith suggested submitting for Highway 965, Phase 2. Heiar will remind elected officials about the Penn Street bridge widening project during his visits.

Closed Session. At 8:30 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, Chipman, Kuhl, Wayson, Donahue; nays – none. Motion carried.

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

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